Chapter 459 — HEARING AND SPEECH EXAMINING BOARD

459.01 Definitions. As used in this subchapter, unless the context clearly indicates a different meaning: (1b) “Cerumen” means a wax-like secretion from glands in the external auditory canal. (1d) “Deceptive advertising” means creating, using, or promoting the use of any advertis…

459.02 License required to sell and fit hearing aids. (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, fi…

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

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 physica…

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 Issuance of license. (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. (1m) Whenever the examining board determines that another state or jurisdiction has requirements equivalen…

459.06 License by examination. (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…

459.07 Temporary trainee permit. (1) An applicant who fulfills the requirements regarding age, character and high school education as set forth in s. 459.06, may obtain a trainee permit upon application to the examining board. The name of the licensee who is supervising the train…

459.08 Notice to department of place of practice; notice to holders of license; how given. (1) A person who holds a license shall notify the department in writing or in accordance with other notification procedures approved by the department of the regular address of the places w…

459.085 Calibration of audiometric equipment. Audiometric equipment used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids shall be calibrated periodically, as specified by rule by the examining board. History: 1995 a. 170; 2003 a. 270; 2009 a. 356…

459.09 Renewal and posting of license. (1) Each person issued a license under this subchapter shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), do all of the following: (a) Pay to the department the applicable renewal fee determined by the departm…

459.095 Continuing education. The examining board shall do all of the following: (1) Promulgate rules establishing the criteria for approval of continuing education programs or courses of study required for renewal of a license under s. 459.09 and for approval of the sponsors and…

459.10 Disciplinary grounds. (1) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03 (1), the examining board may reprimand the licensee or permit holder or revoke, suspend, limit or deny the trainee permit, license, or certificate to engage in cerumen managemen…

459.105 Injunction. If it appears upon complaint to the examining board by any person or is known to the examining board that any person is practicing as a hearing instrument specialist without a license or trainee permit, the examining board, the attorney general or the district…

459.11 Testing equipment. The examining board may, in addition to any other powers granted, purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licenses.

459.115 Cerumen management. (1) The examining board shall issue a certificate to engage in cerumen management to a person licensed under this subchapter who completes a course on cerumen management identified by the department under sub. (3). (2) No person licensed under this sub…

459.12 Rules. (1) The examining board may make rules not inconsistent with the laws of this state which are necessary to carry out the intent of this chapter. (2) The examining board shall promulgate rules establishing the frequency of the calibrations, the standards for the cali…

459.13 Penalty. Any person violating this subchapter or any rule promulgated under this subchapter shall forfeit not more than $500. History: 1989 a. 316.

459.14 Exemptions. (1) This subchapter does not apply to a physician licensed by the medical examining board. (2) This subchapter does not apply to a person engaged in the practice of measuring human hearing for selecting hearing aids or any other purpose if the person or the org…

459.20 Definitions. In this subchapter: (1) “Audiologist” means an individual engaged in the practice of audiology. (2) “Audiology” means all of the following: (a) Applying principles, methods or procedures of prevention, identification, evaluation, consultation, intervention, in…

459.22 Applicability. (1) This subchapter applies after June 30, 1993. (2) This subchapter does not do any of the following: (a) Authorize an individual licensed under this subchapter to engage in any practice for which a license is required under ch. 448. (b) Authorize a speech-…

459.24 Licensure. (1) LICENSE REQUIRED. Except as provided under s. 459.22, no person may do any of the following: (a) Engage in the practice of speech-language pathology or use the title “speech-language pathologist” or any similar title unless the person holds a current speech-…

459.26 (2) (a) to determine fitness as a speech-language pathologist or has completed education or training that the examining board determines is substantially equivalent to passing one of those examinations in determining fitness as a speech-language pathologist. (f) Submits ev…

459.28 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in s. 440.05 (2), the examining board shall do the following: (a) Grant a license to practice speech-language pathology or audiology under s. 459.24 (2) or (3) to an applicant who holds…

459.30 Practice. (1) PRACTICE UNDER COMPACT. (a) Audiology. An individual who holds a valid audiologist compact privilege may, subject to s. 459.71 (3), do any of the following: 1. Practice audiology in this state, subject to s. 459.70 (4). 2. Practice audiology in this state via…

459.32 Limited permit. (1) Upon application, the examining board shall grant a permit to practice speech-language pathology in association with a speech-language pathologist licensed under s. 459.24 (2), or to practice audiology in association with an audiologist licensed under s…

459.34 Disciplinary proceedings and actions. (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. …

459.70 Audiology and speech-language pathology interstate compact. (1) PURPOSE. (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 serv…

459.71 Implementation of the audiology and speechlanguage pathology interstate compact. (1) In this section: (a) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2) (h), that is granted under the audiology and speech-language pathology interstate compact un…