AB621: Bill Text

AB621,12,23 115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any child who is either hearing impaired deaf or hard of hearing or visually impaired and who is between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the school operated by the Wisconsin Center for the Blind and Visually Impaired or to some class or other school for instruction, but the order may not make a direct charge for the class or school against any county.

AB621,50 Section 50. 115.76 (5) (a) 2. of the statutes is amended to read:

AB621,12,25 115.76 (5) (a) 2. Hearing impairments loss.

AB621,51 Section 51. 115.787 (3) (b) 4. of the statutes is amended to read:

AB621,13,7 115.787 (3) (b) 4. Consider the communication needs of the child, and, in the case of a child who is hearing impaired deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

AB621,52 Section 52. 118.255 (1) (a) of the statutes is amended to read:

AB621,13,13 118.255 (1) (a) Under this section “physical or mental health treatment services" means treatment for physical or orthopedic disability, developmental disability, emotional disturbance, hearing impairment loss, visual disability, speech or language disability; and includes itinerant services such as evaluative and diagnostic services.

AB621,53 Section 53. 459.01 (2) of the statutes is amended to read:

AB621,13,18 459.01 (2) “Hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing loss and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

AB621,54 Section 54. 459.01 (5) of the statutes is amended to read:

AB621,13,24 459.01 (5) “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 solely for the purpose of making selections, adaptations or sales of hearing aids intended to compensate for impaired hearing loss. This term also includes making impressions for ear molds.

AB621,55 Section 55. 459.10 (1) (q) of the statutes is amended to read:

AB621,14,3 459.10 (1) (q) Intentionally or negligently misrepresented the cause of a hearing impairment loss or the cure of a hearing impairment loss by the use of a hearing aid.

AB621,56 Section 56. 459.20 (3g) of the statutes is amended to read:

AB621,14,8 459.20 (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 loss and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

AB621,57 Section 57. 459.20 (3p) of the statutes is amended to read:

AB621,14,14 459.20 (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 loss, and includes making impressions for ear molds.

AB621,58 Section 58. 459.34 (2) (i) of the statutes is amended to read:

AB621,14,18 459.34 (2) (i) Intentionally or negligently misrepresented the cause of a hearing impairment loss or the cure of a hearing impairment loss by the use of a hearing aid.

AB621,59 Section 59. 632.895 (16) (a) 2. of the statutes is amended to read:

AB621,14,23 632.895 (16) (a) 2. “Hearing aid" means any externally wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing loss and any parts, attachments, or accessories of such an instrument or device, except batteries and cords.

AB621,60 Section 60. 632.895 (16) (b) 1. a. of the statutes is amended to read:

AB621,15,6 632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants that are prescribed by a physician, or by an audiologist licensed under subch. II of ch. 459, in accordance with accepted professional medical or audiological standards, for a child covered under the policy or plan who is under 18 years of age and who is certified as deaf or hearing impaired hard of hearing by a physician or by an audiologist licensed under subch. II of ch. 459.

AB621,61 Section 61. 885.37 (1) of the statutes is amended to read:

AB621,15,20 885.37 (1) If a municipal court has notice that a person who is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment loss, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or, the hearing loss, or the speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

AB621,62 Section 62. 885.37 (3) (b) of the statutes is amended to read:

AB621,16,9 885.37 (3) (b) In any administrative contested case proceeding before a state, county or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding has a language difficulty because of the inability to speak or understand English, has a hearing impairment loss, is unable to speak or has a speech defect, the agency shall make a factual determination of whether the language difficulty or, hearing loss, or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.

AB621,63 Section 63. 885.37 (5) (b) of the statutes is amended to read:

AB621,16,20 885.37 (5) (b) The department of health services shall maintain a list of qualified interpreters for use with persons who have hearing impairments are deaf or hard of hearing. The department shall distribute the list, upon request and without cost, to courts and agencies who must appoint interpreters. If an interpreter needs to be appointed for a person who has a hearing impairment is deaf or hard of hearing, the court or agency shall appoint a qualified interpreter from the list. If no listed interpreter is available or able to interpret, the court or agency shall appoint as interpreter another person who is able to accurately communicate with and convey information to and receive information from the hearing-impaired person who is deaf or hard of hearing.

AB621,64 Section 64. 905.015 (title) of the statutes is amended to read:

AB621,16,23 905.015 (title) Interpreters for persons with language difficulties, limited English proficiency, or hearing loss, or speaking impairments.

AB621,65 Section 65. 905.015 (1) of the statutes is amended to read:

AB621,17,8 905.015 (1) If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.38 (1) (b), or a hearing loss or speaking impairment interprets as an aid to a communication which is privileged by statute, rules adopted by the supreme court, or the U.S. or state constitution, the interpreter may be prevented from disclosing the communication by any person who has a right to claim the privilege. The interpreter may claim the privilege but only on behalf of the person who has the right. The authority of the interpreter to do so is presumed in the absence of evidence to the contrary.

AB621,17,9 (End)