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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.
459.12   Rules.
459.13   Penalty.
459.14   Exemptions.
459.20   Definitions.
459.22   Applicability.
459.24   Licensure.
459.26   Examination.
459.28   Licensees of other jurisdictions.
459.32   Limited permit.
459.34   Disciplinary proceedings and actions.
Ch. 459 Cross-reference Cross-reference: See definitions in s. 440.01.
subch. I of ch. 459 SUBCHAPTER I
459.01 459.01 Definitions. As used in this subchapter, unless the context clearly indicates a different meaning:
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 dealing in or fitting 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 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. This term also includes making impressions for ear molds.
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.
459.02 459.02 License required to sell and fit hearing aids.
459.02(1)(1)No person may engage in the practice of selling or fitting hearing aids or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting or sale of 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 selling 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 History History: 1979 c. 162; 1989 a. 316; 1997 a. 49; 2009 a. 356.
459.03 459.03 Receipt required to be furnished to a person supplied with hearing aid.
459.03(1)(1)A hearing instrument specialist who engages in the practice of 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.
459.03(2) (2)The receipt shall contain all of the following information, that shall be set out in not less than 8-point type:
459.03(2)(a) (a) The terms of the guarantee, if there is any given; and
459.03(2)(b) (b) A statement that the purchaser has been advised by the hearing instrument specialist that any examination or representation made by the hearing instrument specialist in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.
459.035 459.035 Medical exam before being fitted. A hearing aid shall not be fitted for or sold to a person 17 years of age or younger unless within 90 days prior to the fitting the person to be fitted has been examined by a physician to determine whether or not he or she has any physical deficiencies that would prohibit the effective use of a hearing aid.
459.035 History History: 1979 c. 162 s. 38 (4); 2003 a. 270.
459.04 459.04 Seller's guarantee. The seller of a hearing aid shall give to the purchaser a personal guarantee that is at least identical in its terms to the guarantee of the manufacturer of the hearing aid.
459.05 459.05 Issuance of license.
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