459.08
459.08
Notice to department of place of practice; notice to holders of license; how given. 459.08(1)
(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. The licensee shall inform the board of any changes in these addresses within 30 days of the change.
459.08(2)
(2) The department shall keep a record of the places of practice of persons who hold licenses.
459.08(3)
(3) Any notice required to be given by the department to a person who holds a license shall be mailed to the person by registered or certified mail at the address of the last place of practice of which he or she has notified the department.
459.085
459.085
Calibration of audiometric equipment. Audiometric equipment used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids 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.
459.085 History
History: 1995 a. 170.
459.09
459.09
Renewal of license. Each person issued a license under this subchapter shall, on or before the applicable renewal date specified under
s. 440.08 (2) (a), pay to the department the applicable renewal fee specified under
s. 440.08 (2) (a) and, for a license that expires on or after February 1, 2001, submit with the renewal application proof that he or she completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under
s. 459.095. A licensee shall keep the certificate conspicuously posted in his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location.
459.095
459.095
Continuing education. The examining board shall do all of the following:
459.095(1)
(1) Promulgate rules establishing the criteria for approval of continuing education programs or courses of study required for renewal of a license under
s. 459.09 and for approval of the sponsors and cosponsors of continuing education programs or courses of study.
459.095(2)
(2) Approve continuing education programs and courses of study in accordance with the criteria established under
sub. (1).
459.095(3)
(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 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).
459.095 History
History: 1997 a. 49.
459.10
459.10
Disciplinary grounds. 459.10(1)
(1) Subject to
subch. II of ch. 111 and the rules adopted under
s. 440.03 (1), the examining board may reprimand the licensee or permit holder or revoke, suspend, limit or deny the trainee permit or license, or any combination thereof, of any person who has done any of the following:
459.10(1)(a)
(a) Made any false statement or given any false information in connection with an application for a license or trainee permit or for renewal or reinstatement of a license or trainee permit.
459.10(1)(b)
(b) Been issued a license or trainee permit through error.
459.10(1)(c)
(c) Been adjudicated mentally incompetent by a court.
459.10(1)(d)
(d) Been found guilty of an offense the circumstances of which substantially relate to the practice of fitting and dealing in hearing aids.
459.10(1)(e)
(e) Violated this subchapter or
ch. 440 or any federal or state statute or rule which relates to the practice of fitting and dealing in hearing aids.
459.10(1)(f)
(f) Practiced as a hearing instrument specialist while the person's ability to practice was impaired by alcohol or other drugs or physical or mental disability or disease.
459.10(1)(g)
(g) Engaged in false, misleading or deceptive advertising.
459.10(1)(h)
(h) Made a substantial misrepresentation in the course of practice which was relied upon by a client or patient.
459.10(1)(i)
(i) Failed to conduct a direct observation of the purchaser's ear canal.
459.10(1)(j)
(j) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of the practice of fitting and dealing in hearing aids.
459.10(1)(k)
(k) Engaged in unprofessional conduct. In this subsection, "unprofessional conduct" means the violation of any standard of professional behavior which through experience, state statute or administrative rule has become established in the practice of fitting and dealing in hearing aids.
459.10(1)(L)
(L) Obtained or attempted to obtain compensation by fraud or deceit.
459.10(1)(n)
(n) Knowingly employed directly or indirectly, to perform any work regulated under this subchapter, any person not licensed or not holding a trainee permit under this subchapter, or whose license or trainee permit has been suspended or revoked.
459.10(1)(o)
(o) Permitted another person to use his or her license or trainee permit.
459.10(1)(p)
(p) Sold a hearing aid 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.
459.10(2)(a)(a) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:
459.10(2)(a)2.
2. Appears before the examining board or its officers or agents upon each request of the examining board.
459.10(2)(a)3.
3. Fully discloses to the examining board or its officers or agents the nature of the individual's practice and conduct.
459.10(2)(a)4.
4. Fully complies with the limits placed on his or her practice and conduct by the examining board.
459.10(2)(a)5.
5. Obtains any additional training, education or supervision required by the examining board.
459.10(2)(a)6.
6. Cooperates with all reasonable requests of the examining board.
459.10(2)(b)
(b) The examining board may, as a condition of removing a limitation on a license or trainee permit issued under this subchapter or of reinstating a license or trainee permit that has been suspended or revoked under this subchapter, require the license or permit holder to obtain minimum results specified by the examining board on one or more physical, mental or professional competency examinations if the examining board determines that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.
459.10(2)(c)
(c) The examining board may, as a condition of reinstating a license that has been suspended under this subchapter, require the license holder to pass the examination required for initial licensure under
s. 459.06.
459.105
459.105
Injunction. If it appears upon complaint to the examining board by any person or is known to the examining board that any person is practicing as a hearing instrument specialist without a license or trainee permit, the examining board, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state against the person to enjoin the person from practice.
459.105 History
History: 1983 a. 229;
1989 a. 316.
459.11
459.11
Testing equipment. The examining board may, in addition to any other powers granted, purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licenses.
459.12(1)(1) The examining board may make rules not inconsistent with the laws of this state which are necessary to carry out the intent of this subchapter.
459.12(2)
(2) The examining board shall promulgate rules establishing the frequency of the calibrations, the standards for the calibrations and the standards for the certifications required by
s. 459.085.
459.12(3)
(3) The examining board shall by rule prescribe the number of trainees a licensee may supervise under
s. 459.07.
459.12 History
History: 1989 a. 316;
1995 a. 170.
459.13
459.13
Penalty. Any person violating this subchapter or any rule promulgated under this subchapter shall forfeit not more than $500.
459.13 History
History: 1989 a. 316.
459.14(1)(1) This subchapter does not apply to a physician licensed by the medical examining board.
459.14(2)
(2) This subchapter does not apply to a person engaged in the practice of measuring human hearing for selecting hearing aids or any other purpose if the person or the organization employing such person does not sell hearing aids or hearing accessories.
459.14 History
History: 1989 a. 316.
LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
459.20
459.20
Definitions. In this subchapter:
459.20(1)
(1) "Audiologist" means an individual engaged in the practice of audiology.
459.20(2)
(2) "Audiology" means all of the following:
459.20(2)(a)
(a) Applying principles, methods or procedures of prevention, identification, evaluation, consultation, intervention, instruction or research related to hearing, vestibular function, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language or other aberrant behavior resulting from hearing loss.
459.20(2)(b)
(b) Engaging in the practice of fitting and dealing in hearing aids.
459.20(3)
(3) "Examining board" means the hearing and speech examining board.
459.20(3g)
(3g) "Hearing aid" 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.
459.20(3m)
(3m) "Licensee" means an individual licensed under this subchapter.
459.20(3p)
(3p) "Practice of fitting and dealing in hearing aids" 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 intended to compensate for impaired hearing, and includes making impressions for ear molds.
459.20(3t)
(3t) "Sell" or "sale" means a transfer for a consideration of title or of the right to use.
459.20(4)
(4) "Speech-language pathologist" means an individual engaged in the practice of speech-language pathology.
459.20(5)
(5) "Speech-language pathology" means applying principles, methods or procedures of prevention, identification, evaluation, consultation, intervention, instruction or research related to speech, language, cognition or swallowing or any abnormal condition involving speech, articulation, fluency, voice, verbal or written language, auditory comprehension, cognition or communication or oral, pharyngeal or laryngeal sensorimotor competencies.
459.20 History
History: 1989 a. 316;
1997 a. 49.
459.22(1)(1) This subchapter applies after June 30, 1993.
459.22(2)
(2) This subchapter does not do any of the following:
459.22(2)(a)
(a) Authorize an individual licensed under this subchapter to engage in any practice for which a license is required under
ch. 448.
459.22(2)(b)
(b) Authorize a speech-language pathologist licensed under this subchapter to dispense or sell hearing aids without obtaining a hearing instrument specialist license under
subch. I.
459.22(2)(c)
(c) 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.
459.22(2)(d)
(d) Require an individual who engages in the practice of speech-language pathology or audiology as part of a supervised course of study, including an internship or clinical practicum, leading to a degree in speech-language pathology or audiology at a college or university to be licensed under this subchapter if the individual is designated by a title which clearly indicates status as a student or trainee.
459.22(2)(e)
(e) Require an individual to be licensed under this subchapter to assist in the practice of speech-language pathology or audiology under the direct supervision of the speech-language pathologist or audiologist.
459.22(2)(f)
(f) Require an individual to be licensed under this subchapter to engage in the practice of speech-language pathology or audiology in a position for which the department of public instruction requires licensure as a speech and language pathologist.
459.23
459.23
Duties of council on speech-language pathology and audiology. The council on speech-language pathology and audiology shall advise the examining board on matters pertaining to the establishment of codes of ethics, the imposition of discipline, the granting of licenses and the formulation of proposed rules relating to licensees and, upon request of the examining board, on any other matter relating to licensees.
459.23 History
History: 1989 a. 316.
459.24(1)(1)
License required. Except as provided under
s. 459.22, no person may do any of the following:
459.24(1)(a)
(a) Engage in the practice of speech-language pathology or use the title "speech-language pathologist" or any similar title unless the person holds a current speech-language pathologist license granted by the examining board.
459.24(1)(b)
(b) Engage in the practice of audiology or use the title "audiologist", "clinical audiologist" or any similar title unless the person holds a current audiologist license granted by the examining board.
