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2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 373
September 8, 2023 - Offered by Senator Cabral-Guevara.
SB373-SSA1,1,7 1An Act to amend 459.01 (3), 459.01 (5), 459.02 (1), 459.02 (2), 459.03 (1), 459.05
2(1m), 459.06 (3), 459.07 (2), 459.08 (1), 459.095 (3), 459.10 (1) (d), 459.10 (1) (e),
3459.10 (1) (j), 459.10 (1) (k), 459.20 (2) (b), 459.20 (3p), 459.22 (2) (f), 459.24 (3m)
4(intro.), 459.24 (3m) (a) and 459.34 (2) (ce); and to create 459.02 (3), 459.03
5(1m) and 459.24 (3r) of the statutes; relating to: practice of ordering, fitting,
6and dealing in hearing aids and selling and fitting over-the-counter hearing
7aids.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the practice of fitting and dealing in hearing
aids. Under current law, no person may engage in the practice of fitting and dealing
in hearing aids unless he or she holds a license as a hearing instrument specialist
issued by the Department of Safety and Professional Services or a license as an
audiologist issued by the Hearing and Speech Examining Board. 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 be the practice of ordering, fitting, and dealing in hearing aids and to include
ordering the use of hearing aids intended to compensate for impaired hearing.
Further, the bill provides that no license is required to sell or fit an over-the-counter
hearing aid, as defined under federal law. Under federal law, air-conduction hearing
aids may be sold over the counter without a prescription under certain
circumstances.
Finally, under current law, a hearing instrument specialist or an audiologist
who engages in the practice of fitting and dealing in hearing aids must deliver to each
person supplied with a hearing aid a receipt that contains certain information. The
bill provides that a hearing instrument specialist or audiologist is not required to
deliver a receipt to a person supplied with a hearing aid if the hearing aid is an
over-the-counter hearing aid, as defined under federal law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB373-SSA1,1 1Section 1. 459.01 (3) of the statutes is amended to read:
SB373-SSA1,2,42 459.01 (3) “Hearing instrument specialist" means any person who is or is
3required to be licensed under s. 459.05 to engage in the practice of ordering, fitting,
4and
dealing in or fitting hearing aids.
SB373-SSA1,2 5Section 2. 459.01 (5) of the statutes is amended to read:
SB373-SSA1,2,116 459.01 (5) “Practice of ordering, fitting, and dealing in hearing aids" means the
7measurement of human hearing by means of an audiometer or by any other means
8accepted by the examining board solely for the purpose of ordering the use of hearing
9aids or
making selections, adaptations, or sales of hearing aids intended to
10compensate for impaired hearing. This term also includes making impressions for
11ear molds.
SB373-SSA1,3 12Section 3. 459.02 (1) of the statutes is amended to read:
SB373-SSA1,3,713 459.02 (1) No person may engage in the practice of selling or ordering, fitting ,
14and dealing in
hearing aids or display a sign or in any other way advertise or
15represent himself or herself as a person who practices the engages in the practice of

1ordering,
fitting or sale of, and dealing in hearing aids unless he or she holds a valid
2license issued under this subchapter or a valid license or permit to practice audiology
3issued under subch. II. The license required by s. 459.05 shall be conspicuously
4posted in his or her office or place of business as registered with the department at
5all times. Duplicate licenses shall be issued by the department under this
6subchapter to valid license holders operating more than one office without additional
7payment.
SB373-SSA1,4 8Section 4. 459.02 (2) of the statutes is amended to read:
SB373-SSA1,3,149 459.02 (2) Nothing in this subchapter or subch. II shall prohibit any
10corporation or mercantile establishment which maintains an established business
11address from engaging in the business of selling or offering for sale hearing aids at
12retail without a license, provided that for the purpose of selling ordering and fitting
13hearing aids it employs persons licensed under this subchapter or persons issued
14licenses or permits to practice audiology under subch. II.
SB373-SSA1,5 15Section 5. 459.02 (3) of the statutes is created to read:
SB373-SSA1,3,1716 459.02 (3) No license is required under this subchapter or subch. II to sell or
17fit an over-the-counter hearing aid, as defined in 21 USC 360j (q).
SB373-SSA1,6 18Section 6. 459.03 (1) of the statutes is amended to read:
SB373-SSA1,4,219 459.03 (1) A Except as provided in sub. (1m), a hearing instrument specialist
20who engages in the practice of ordering, fitting , and dealing in hearing aids shall
21deliver to each person supplied with a hearing aid a receipt. The receipt shall contain
22the signature and show the business address and license title and number of the
23hearing instrument specialist, together with specifications as to the make and model
24of the hearing aid furnished and full terms of sale clearly stated. If a hearing aid

1which is not new is sold, the receipt and the container thereof must be clearly marked
2as “used" or “reconditioned" whichever is applicable.
SB373-SSA1,7 3Section 7. 459.03 (1m) of the statutes is created to read:
SB373-SSA1,4,64 459.03 (1m) A hearing instrument specialist is not required to deliver a receipt
5to a person supplied with a hearing aid if the supplied hearing aid is an
6over-the-counter hearing aid, as defined in 21 USC 360j (q).
SB373-SSA1,8 7Section 8. 459.05 (1m) of the statutes is amended to read:
SB373-SSA1,4,208 459.05 (1m) Whenever the examining board determines that another state or
9jurisdiction has requirements equivalent to or higher than those in effect in the state
10for the practice of ordering, fitting, and selling dealing in hearing aids, and that such
11state or jurisdiction has a program equivalent to or stricter than the program for
12determining whether applicants in this state are qualified to fit and sell engage in
13the practice of ordering, fitting, and dealing in
hearing aids, the department may
14issue a license by reciprocity to applicants who hold valid licenses to order, deal in,
15or fit hearing aids in such other state or jurisdiction, who pay the fee specified in s.
16440.05 (2), and who are otherwise qualified for licensure. No applicant for a license
17by reciprocity under this subsection shall be required to submit to or undergo a
18qualifying examination, if the applicant personally appears at the next meeting of
19the examining board after filing the application to answer any questions the
20examining board has.
SB373-SSA1,9 21Section 9. 459.06 (3) of the statutes is amended to read:
SB373-SSA1,5,222 459.06 (3) The applicant for license by examination shall appear at a time and
23place as the examining board designates, to be examined by means of written and
24practical tests in order to demonstrate that he or she is qualified to engage in the
25practice the of ordering, fitting of, and dealing in hearing aids. Such examinations

1shall be conducted at least twice a year and at such other times and places designated
2by the examining board.
SB373-SSA1,10 3Section 10. 459.07 (2) of the statutes is amended to read:
SB373-SSA1,5,114 459.07 (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
6may entitle the applicant to engage in the practice of ordering, fitting of, and dealing
7in
hearing aids for a period of one year. A person holding a valid hearing instrument
8specialist license issued under this subchapter or a valid license to practice audiology
9issued under s. 459.24 (3) shall be responsible for the direct supervision and training
10of the applicant and shall be liable for all negligent acts and omissions of the trainee
11in the practice of ordering, fitting of, and dealing in hearing aids.
SB373-SSA1,11 12Section 11. 459.08 (1) of the statutes is amended to read:
SB373-SSA1,5,1713 459.08 (1) A person who holds a license shall notify the department in writing
14or in accordance with other notification procedures approved by the department of
15the regular address of the places where he or she engages or intends to engage in the
16practice of ordering, fitting or selling, and dealing in hearing aids. The licensee shall
17inform the board of any changes in these addresses within 30 days of the change.
SB373-SSA1,12 18Section 12. 459.095 (3) of the statutes is amended to read:
SB373-SSA1,6,919 459.095 (3) In consultation with the department, promulgate rules that
20require each person issued a license under this subchapter to whom s. 459.09 (1) (b)
21applies to complete a specified continuing education program or course of study to
22ensure competence with respect to a matter related to the practice of ordering,
23fitting, and dealing in hearing aids if the examining board has received a significant
24number of consumer complaints about the matter or if the examining board
25otherwise determines that there is a need for such a requirement. Rules

1promulgated under this subsection shall establish criteria for the examining board's
2approval of the continuing education program or course of study and of sponsors and
3cosponsors of the continuing education program or course of study. The rules shall
4also require the examining board to administer, prior to the continuing education
5program or course of study, an examination on the matter that is the subject of the
6continuing education program or course of study and to waive a requirement to
7complete the continuing education program or course of study if a person granted a
8license under this subchapter passes the examination. A person who takes an
9examination specified in this subsection shall pay the fee specified in s. 440.05 (1) (b).
SB373-SSA1,13 10Section 13. 459.10 (1) (d) of the statutes is amended to read:
SB373-SSA1,6,1211 459.10 (1) (d) Been found guilty of an offense the circumstances of which
12substantially relate to the practice of ordering, fitting, and dealing in hearing aids.
SB373-SSA1,14 13Section 14. 459.10 (1) (e) of the statutes is amended to read:
SB373-SSA1,6,1514 459.10 (1) (e) Violated this subchapter or ch. 440 or any federal or state statute
15or rule which relates to the practice of ordering, fitting, and dealing in hearing aids.
SB373-SSA1,15 16Section 15. 459.10 (1) (j) of the statutes is amended to read:
SB373-SSA1,6,1917 459.10 (1) (j) Engaged in conduct which evidenced a lack of knowledge or ability
18to apply principles or skills of the practice of ordering, fitting, and dealing in hearing
19aids.
SB373-SSA1,16 20Section 16. 459.10 (1) (k) of the statutes is amended to read:
SB373-SSA1,6,2421 459.10 (1) (k) Engaged in unprofessional conduct. In this subsection,
22“unprofessional conduct" means the violation of any standard of professional
23behavior which through experience, state statute, or administrative rule has become
24established in the practice of ordering, fitting , and dealing in hearing aids.
SB373-SSA1,17 25Section 17. 459.20 (2) (b) of the statutes is amended to read:
SB373-SSA1,7,2
1459.20 (2) (b) Engaging in the practice of ordering, fitting, and dealing in
2hearing aids.
SB373-SSA1,18 3Section 18. 459.20 (3p) of the statutes is amended to read:
SB373-SSA1,7,94 459.20 (3p) “Practice of ordering, fitting, and dealing in hearing aids" means
5the measurement of human hearing by means of an audiometer or by any other
6means accepted by the examining board for the purpose of ordering the use of hearing
7aids or
making selections, adaptations, or sales of hearing aids intended to
8compensate for impaired hearing, and. This term also includes making impressions
9for ear molds.
SB373-SSA1,19 10Section 19. 459.22 (2) (f) of the statutes is amended to read:
SB373-SSA1,7,1711 459.22 (2) (f) Require an individual to be licensed under this subchapter to
12engage in the practice of speech-language pathology or audiology, other than
13engaging in the practice of ordering, fitting , and dealing in hearing aids, in a position
14for which the department of public instruction requires licensure as a speech and
15language pathologist or audiologist, if the individual's entire practice of
16speech-language pathology or audiology, other than engaging in the practice of
17ordering, fitting, and dealing in hearing aids, is limited to the duties of that position.
SB373-SSA1,20 18Section 20. 459.24 (3m) (intro.) of the statutes is amended to read:
SB373-SSA1,7,2219 459.24 (3m) Fitting and sale of hearing aids. (intro.) An audiologist licensed
20under this subchapter or an individual granted a permit to practice audiology under
21this subchapter who engages in the practice of ordering, fitting, and dealing in
22hearing aids shall do all of the following:
SB373-SSA1,21 23Section 21. 459.24 (3m) (a) of the statutes is amended to read:
SB373-SSA1,8,624 459.24 (3m) (a) Deliver Except as provided in sub. (3r), deliver to each person
25supplied with a hearing aid a receipt. The receipt shall contain the signature and

1show the business address, license or permit title, and number of the licensee or
2permittee, together with specifications as to the make and model of the hearing aid
3and full terms of sale clearly stated. If a hearing aid that is not new is sold, the receipt
4and the container must be clearly marked as “used" or “reconditioned", whichever is
5applicable. The terms of the guarantee, if there is any given, shall be set out in not
6less than 8-point type.
SB373-SSA1,22 7Section 22. 459.24 (3r) of the statutes is created to read:
SB373-SSA1,8,108 459.24 (3r) Delivery of receipt. An audiologist is not required to deliver a
9receipt to a person supplied with a hearing aid if the supplied hearing aid is an
10over-the-counter hearing aid, as defined in 21 USC 360j (q).
SB373-SSA1,23 11Section 23. 459.34 (2) (ce) of the statutes is amended to read:
SB373-SSA1,8,1412 459.34 (2) (ce) Violated any federal or state statute, rule or regulation that
13relates to the practice of ordering, fitting, and dealing in hearing aids. This
14paragraph does not apply to speech-language pathologists.
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