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.