Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: September 28, 2023 Contact: Patrick Ward, Staff Attorney 2023 Assembly Bill 374 Assembly Substitute Amendment 1 BACKGROUND Generally, under state law, hearing aids must be provided by a licensed hearing instrument specialist or a licensed audiologist. Under federal law, air-conduction hearing aids for use by adults may be purchased over the counter without a prescription or the involvement of a licensed person. Also under federal law, any hearing aid that does not meet the over-the-counter requirements requires a prescription or order. 2023 ASSEMBLY BILL 374 Assembly Bill 374 specifies that a license is not required to sell or fit over-the-counter hearing aids, as defined under federal law. This generally allows over-the-counter hearing aids to be purchased without a prescription or the involvement of a licensed person. The bill also removes the requirement that a hearing instrument specialist must provide a receipt when supplying over-the-counter hearing aids. ASSEMBLY SUBSTITUTE AMENDMENT 1 In addition to what is included in the bill, Assembly Substitute Amendment 1 updates the scope of practice for hearing instrument specialists and audiologists to include ordering the use of hearing aids. The amendment also removes the requirement that an audiologist must provide a receipt when supplying over-the-counter hearing aids. BILL HISTORY Representative Stubbs offered Assembly Substitute Amendment 1 on September 5, 2023. On September 20, 2023, the Assembly Committee on Regulatory Licensing Reform recommended adoption of the amendment and passage of the bill, as amended, on votes of Ayes, 9; Noes 0. For a full history of the bill, visit the Legislature’s bill history page. PW:jal