2023 WISCONSIN ACT 179
An Act to amend 459.01 (3), 459.01 (5), 459.02 (1), 459.02 (2), 459.03 (1), 459.05 (1m), 459.06 (3), 459.07 (2), 459.08 (1), 459.095 (3), 459.10 (1) (d), 459.10 (1) (e), 459.10 (1) (j), 459.10 (1) (k), 459.20 (2) (b), 459.20 (3p), 459.22 (2) (f), 459.30 (2) (intro.), 459.30 (2) (a) and 459.34 (2) (ce); and to create 459.02 (3), 459.03 (1m) and 459.24 (3r) of the statutes; relating to: practice of ordering, fitting, and dealing in hearing aids and selling and fitting over-the-counter hearing aids.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
179,1Section 1. 459.01 (3) of the statutes is amended to read: 459.01 (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 or fitting hearing aids.
179,2Section 2. 459.01 (5) of the statutes, as affected by 2023 Wisconsin Act 82, is amended to read: 459.01 (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.
179,3Section 3. 459.02 (1) of the statutes is amended to read: 459.02 (1) No person may engage in the practice of selling or 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 practices the engages in the practice of ordering, fitting or sale of, 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.
179,4Section 4. 459.02 (2) of the statutes is amended to read: 459.02 (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 selling ordering and fitting hearing aids it employs persons licensed under this subchapter or persons issued licenses or permits to practice audiology under subch. II.
179,5Section 5. 459.02 (3) of the statutes is created to read: 459.02 (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).
179,6Section 6. 459.03 (1) of the statutes is amended to read: 459.03 (1) A 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.
179,7Section 7. 459.03 (1m) of the statutes is created to read: