Chapter 459

459.32 History History: 1989 a. 316; 1993 a. 16; 1997 a. 49.

459.32 Cross-reference Cross-reference: See also ch. HAS 6, Wis. adm. code.

459.34 459.34 Disciplinary proceedings and actions.

459.34(1) (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

459.34(2) (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a licensee, compact privilege holder, or permittee or deny, limit, suspend, or revoke a license or permit under this subchapter or a compact privilege if it finds that the applicant, licensee, compact privilege holder, or permittee has done any of the following:

459.34(2)(a) (a) Made a material misstatement in an application for a license or permit or for renewal of a license.

459.34(2)(b) (b) Engaged in conduct in the practice of speech-language pathology or audiology which evidences a lack of knowledge or ability to apply professional principles or skills.

459.34(2)(c) (c) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of speech-language pathology or audiology.

459.34(2)(ce) (ce) Violated any federal or state statute, rule or regulation that relates to the practice of ordering, fitting, and dealing in hearing aids. This paragraph does not apply to speech-language pathologists.

459.34(2)(cm) (cm) Failed to conduct a direct observation of the ear canal of a person for whom a hearing aid is purchased. This paragraph does not apply to speech-language pathologists.

459.34(2)(cs) (cs) Sold a hearing aid for use by a person who was not given tests by a hearing instrument specialist or audiologist licensed under this chapter or in another state using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person’s hearing. This paragraph does not apply to speech-language pathologists.

459.34(2)(d) (d) Engaged in deceptive advertising.

459.34(2)(e) (e) Advertised, practiced or attempted to practice under another’s name.

459.34(2)(f) (f) Subject to ss. 111.321, 111.322 and 111.34, practiced speech-language pathology or audiology while the individual’s ability to practice was impaired by alcohol or other drugs.

459.34(2)(g) (g) Violated this subchapter or any rule promulgated under this subchapter.

459.34(2)(h) (h) Engaged in unprofessional conduct as defined by rule by the examining board.

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

459.34(2)(j) (j) Made an intentional or negligent misrepresentation regarding a hearing aid or services.

459.34(2)(k) (k) Misused the words “doctor,” “clinic,” “clinical,” or other words, abbreviations, or symbols that imply the involvement of the medical or audiology professions in the absence of such involvement.

459.34(2m) (2m) 

459.34(2m)(a) (a) An individual whose license, compact privilege, or limited permit is limited by the examining board under this subchapter may continue to practice under the license, compact privilege, or permit if the individual does all of the following:

459.34(2m)(a)1. 1. Refrains from engaging in unprofessional conduct.

459.34(2m)(a)2. 2. Appears before the examining board or its officers or agents upon each request of the examining board.

459.34(2m)(a)3. 3. Fully discloses to the examining board or its officers or agents the nature of the individual’s practice and conduct.

459.34(2m)(a)4. 4. Fully complies with the limits placed on his or her practice and conduct by the examining board.

459.34(2m)(a)5. 5. Obtains any additional training, education or supervision required by the examining board.

459.34(2m)(a)6. 6. Cooperates with all reasonable requests of the examining board.

459.34(2m)(b) (b) The examining board may, as a condition of removing a limitation on a license, compact privilege, or limited permit issued under this subchapter or of reinstating a license, compact privilege, or limited permit that has been suspended or revoked under this subchapter, require the license, compact privilege, or permit holder to obtain minimum results specified by the examining board on one or more physical, mental, or professional competency examinations if the examining board determines that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension, or revocation was imposed.

459.34(2m)(c) (c) The examining board may, as a condition of reinstating a license or compact privilege that has been suspended under this subchapter, require the license or compact privilege holder to pass an examination required for initial licensure under s. 459.26 (2).

459.34(3) (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, compact privilege, or permit under sub. (2), the examining board may assess against an applicant, licensee, compact privilege holder, or permittee a forfeiture of not less than $100 nor more than $2,500 for each violation enumerated under sub. (2).

459.34 History History: 1989 a. 316; 1997 a. 49, 191; 2003 a. 270; 2009 a. 356; 2023 a. 56, 179.

459.34 Cross-reference Cross-reference: See also ch. HAS 6, Wis. adm. code.

subch. III of ch. 459 SUBCHAPTER III

AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERSTATE COMPACT

459.70 459.70 Audiology and speech-language pathology interstate compact.

459.70(1) (1) Purpose.

459.70(1)(a) (a) The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

459.70(1)(b) (b) This compact is designed to achieve all of the following objectives:

459.70(1)(b)1. 1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.

459.70(1)(b)2. 2. Enhance the states’ ability to protect the public’s health and safety.

459.70(1)(b)3. 3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.

459.70(1)(b)4. 4. Support spouses of relocating active duty military personnel.

459.70(1)(b)5. 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.

459.70(1)(b)6. 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

459.70(1)(b)7. 7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

459.70(2) (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

459.70(2)(a) (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211.

459.70(2)(b) (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

459.70(2)(c) (c) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

459.70(2)(d) (d) “Audiologist” means an individual who is licensed by a state to practice audiology.

459.70(2)(e) (e) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.

459.70(2)(f) (f) “Audiology and speech-language pathology compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

459.70(2)(g) (g) “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.

459.70(2)(h) (h) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.

459.70(2)(i) (i) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

459.70(2)(j) (j) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.

459.70(2)(k) (k) “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

459.70(2)(L) (L) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

459.70(2)(m) (m) “Home state” means the member state that is the licensee’s primary state of residence.

459.70(2)(n) (n) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

459.70(2)(o) (o) “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

459.70(2)(p) (p) “Member state” means a state that has enacted the compact.

459.70(2)(q) (q) “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

459.70(2)(r) (r) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

459.70(2)(s) (s) “Rule” means a regulation, principle, or directive promulgated by the commission that has the force of law.

459.70(2)(t) (t) “Single-state license” means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

459.70(2)(u) (u) “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology.

459.70(2)(v) (v) “Speech-language pathology” means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules.

459.70(2)(w) (w) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.

459.70(2)(x) (x) “State practice laws” means a member state’s laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

459.70(2)(y) (y) “Telehealth” means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.

459.70(3) (3) State participation in the compact.

459.70(3)(a) (a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

459.70(3)(b) (b)

459.70(3)(b)1. 1. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.

459.70(3)(b)2. 2. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.

459.70(3)(b)3. 3. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.

459.70(3)(c) (c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

459.70(3)(d) (d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.

459.70(3)(e) (e) For an audiologist:

459.70(3)(e)1. 1. Must meet one of the following educational requirements:

459.70(3)(e)1.a. a. On or before, December 31, 2007, has graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

459.70(3)(e)1.b. b. On or after, January 1, 2008, has graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

459.70(3)(e)1.c. c. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States for which the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

459.70(3)(e)2. 2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission.

459.70(3)(e)3. 3. Has successfully passed a national examination approved by the commission.

459.70(3)(e)4. 4. Holds an active, unencumbered license.

459.70(3)(e)5. 5. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law.

459.70(3)(e)6. 6. Has a valid U.S. social security or national practitioner identification number.