Wisconsin Legislature: Ch. 459 TOC

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 of license; fees; effect of failure to renew.

459.10 Disciplinary grounds.

459.105 Injunction.

459.11 Testing equipment.

459.12 Rules.

459.13 Penalty.

459.14 Exemptions.

SUBCHAPTER II

LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

459.20 Definitions.

459.22 Applicability.

459.23 Duties of council on speech-language pathology and audiology.

459.24 Licensure.

459.26 Examination.

459.28 Licensees of other jurisdictions.

459.32 Limited permit.

459.34 Disciplinary proceedings and actions.

SUBCHAPTER III

REGISTRATION OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

459.40 Definitions.

459.42 Applicability.

459.44 Duties of council on speech-language pathology and audiology.

459.46 Registration.

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(1) (1) "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.

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. The license required by 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 to valid license holders operating more than one office without additional payment.

459.02(2) (2) Nothing in this subchapter 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. Such corporation or mercantile establishment shall annually file with the examining board a list of all persons employed for the purpose of selling and fitting hearing aids.

459.02 History History: 1979 c. 162; 1989 a. 316.

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

459.03(1) (1) Whoever practices fitting or sale of hearing aids shall deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the licensee's signature and show the licensee's business address and certificate number, 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 following 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 at the outset of the purchaser's relationship with the hearing instrument specialist that any examination or representation made by a 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.

459.03 History History: 1989 a. 316; 1991 a. 32.

459.035 459.035 Medical exam before being fitted. A hearing aid shall not be fitted for or sold to a child 16 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).

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.

459.05(1)(1) The department shall issue to each applicant who passes an examination under s. 459.06 and pays the fee specified in s. 440.05 (1) a license.

459.05(1m) (1m) Whenever the examining board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect in the state for the practice of fitting and selling hearing aids, and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants in this state are qualified to fit and sell hearing aids, the department may issue a license by reciprocity to applicants who hold valid certificates or licenses to deal in or fit hearing aids in such other state or jurisdiction, who pay the fee specified in s. 440.05 (2) and who are otherwise qualified for licensure. No applicant for a license by reciprocity under this subsection shall be required to submit to or undergo a qualifying examination, if the applicant personally appears at the next meeting of the examining board after filing the application to answer any questions the examining board has.

459.05 History History: 1975 c. 224; 1977 c. 29, 418; 1979 c. 162 s. 38 (4); 1991 a. 39.

459.06 459.06 License by examination.

459.06(1) (1) Applicants may obtain a license by successfully passing a qualifying examination, provided the applicant is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and has an education equivalent to a 4-year course in an accredited high school.

459.06(2) (2) The examination shall include but not be limited to: