Chapter 459

CHAPTER 459

HEARING AND SPEECH EXAMINING BOARD

SUBCHAPTER I

LICENSURE OF HEARING INSTRUMENT SPECIALISTS

459.01   Definitions.

459.02   License required to sell and fit hearing aids.

459.03   Receipt required to be furnished to a person supplied with hearing aid.

459.035   Medical exam before being fitted.

459.04   Seller’s guarantee.

459.05   Issuance of license.

459.06   License by examination.

459.07   Temporary trainee permit.

459.08   Notice to department of place of practice; notice to holders of license; how given.

459.085   Calibration of audiometric equipment.

459.09   Renewal and posting of license.

459.095   Continuing education.

459.10   Disciplinary grounds.

459.105   Injunction.

459.11   Testing equipment.

459.115   Cerumen management.

459.12   Rules.

459.13   Penalty.

459.14   Exemptions.

SUBCHAPTER II

LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

459.20   Definitions.

459.22   Applicability.

459.24   Licensure.

459.26   Examination.

459.28   Licensees of other jurisdictions.

459.30   Practice.

459.32   Limited permit.

459.34   Disciplinary proceedings and actions.

SUBCHAPTER III

AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERSTATE COMPACT

459.70   Audiology and speech-language pathology interstate compact.

459.71   Implementation of the audiology and speech-language pathology interstate compact.

Ch. 459 Cross-reference Cross-reference: See definitions in s. 440.01.

subch. I of ch. 459 SUBCHAPTER I

LICENSURE OF HEARING INSTRUMENT SPECIALISTS

459.01 459.01 Definitions. As used in this subchapter, unless the context clearly indicates a different meaning:

459.01(1b) (1b) “Cerumen” means a wax-like secretion from glands in the external auditory canal.

459.01(1d) (1d) “Deceptive advertising” means creating, using, or promoting the use of any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, false, or untruthful.

459.01(1m) (1m) “Examining board” means the hearing and speech examining board.

459.01(2) (2) “Hearing aid” means any wearable 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.

459.01(3) (3) “Hearing instrument specialist” means any person who is or is required to be licensed under s. 459.05 to engage in the practice of ordering, fitting, and dealing in hearing aids.

459.01(4) (4) “License” means a license issued by the department under s. 459.05, to hearing instrument specialists.

459.01(5) (5) “Practice of ordering, 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 ordering the use of hearing aids or making selections, adaptations, or sales of prescription hearing aids intended to compensate for impaired hearing. This term also includes making impressions for ear molds and includes cerumen management in the course of examining ears, taking ear impressions, or fitting prescription hearing aids by an individual who holds a certificate to engage in cerumen management under s. 459.115.

459.01(6) (6) “Sell” or “sale” means a transfer for a consideration of title or of the right to use.

459.01(7) (7) “Trainee permit” means a temporary permit issued while the applicant is in training to become a licensed hearing instrument specialist.

459.01 History History: 1983 a. 189; 1989 a. 316; 1995 a. 170; 2009 a. 356; 2023 a. 82, 179.

459.02 459.02 License required to sell and fit hearing aids.

459.02(1) (1) No person may engage in the practice of ordering, fitting, and dealing in hearing aids or display a sign or in any other way advertise or represent himself or herself as a person who engages in the practice of ordering, fitting, and dealing in hearing aids unless he or she holds a valid license issued under this subchapter or a valid license or permit to practice audiology issued under subch. II. The license required by s. 459.05 shall be conspicuously posted in his or her office or place of business as registered with the department at all times. Duplicate licenses shall be issued by the department under this subchapter to valid license holders operating more than one office without additional payment.

459.02(2) (2) Nothing in this subchapter or subch. II shall prohibit any corporation or mercantile establishment which maintains an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided that for the purpose of ordering and fitting hearing aids it employs persons licensed under this subchapter or persons issued licenses or permits to practice audiology under subch. II.

459.02(3) (3) No license is required under this subchapter or subch. II to sell or fit an over-the-counter hearing aid, as defined in 21 USC 360j (q).

459.02 History History: 1979 c. 162; 1989 a. 316; 1997 a. 49; 2009 a. 356; 2023 a. 179.

459.03 459.03 Receipt required to be furnished to a person supplied with hearing aid.

459.03(1) (1) Except as provided in sub. (1m), a hearing instrument specialist who engages in the practice of ordering, fitting, and dealing in hearing aids shall deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the signature and show the business address and license title and number of the hearing instrument specialist, together with specifications as to the make and model of the hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is not new is sold, the receipt and the container thereof must be clearly marked as “used” or “reconditioned” whichever is applicable.