459.085459.085Calibration 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.
459.085 HistoryHistory: 1995 a. 170; 2003 a. 270; 2009 a. 356.
459.09459.09Renewal and posting of license.
459.09(1)(1)Each person issued a license under this subchapter shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), do all of the following:
459.09(1)(a)(a) Pay to the department the applicable renewal fee determined by the department under s. 440.03 (9) (a).
459.09(1)(b)(b) 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. This paragraph does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
459.09(2)(2)A licensee shall keep a license issued under this subchapter 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 licenses shall be issued by the department for posting in each location.
459.09 HistoryHistory: 1977 c. 29; 1991 a. 39; 1997 a. 49; 1999 a. 9; 2003 a. 270; 2007 a. 20.
459.095459.095Continuing 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 whom s. 459.09 (1) (b) applies to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of ordering, 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 HistoryHistory: 1997 a. 49; 2003 a. 270; 2023 a. 179.
459.095 Cross-referenceCross-reference: See also ch. HAS 8, Wis. adm. code.
459.10459.10Disciplinary 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, license, or certificate to engage in cerumen management under s. 459.115, 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 ordering, 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 ordering, 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 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 ear canal of a person for whom a hearing aid is purchased.
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 ordering, 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 ordering, fitting, and dealing in hearing aids.
459.10(1)(L)(L) Obtained or attempted to obtain compensation by fraud or deceit.
459.10(1)(m)(m) Violated any order of the examining board.