| 1 | 1 | | LRB-3398/2 |
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| 2 | 2 | | JPC:skw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 374 |
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| 5 | 5 | | August 4, 2023 - Introduced by Representatives STUBBS, SORTWELL, BALDEH, MOORE |
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| 6 | 6 | | OMOKUNDE, DITTRICH, PALMERI, BODDEN, GOEBEN, ANDRACA, SUBECK, |
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| 7 | 7 | | GUSTAFSON, MURSAU, MYERS, JACOBSON, OHNSTAD, ORTIZ-VELEZ, SHANKLAND, |
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| 8 | 8 | | SNODGRASS, VINING and JOERS, cosponsored by Senators CABRAL-GUEVARA, |
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| 9 | 9 | | CARPENTER, FELZKOWSKI, SPREITZER and TAYLOR. Referred to Committee on |
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| 10 | 10 | | Regulatory Licensing Reform. |
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| 11 | 11 | | AN ACT to amend 459.03 (1); and to create 459.02 (3) and 459.03 (1m) of the |
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| 12 | 12 | | statutes; relating to: selling and fitting over-the-counter hearing aids. |
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| 13 | 13 | | Analysis by the Legislative Reference Bureau |
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| 14 | 14 | | Under current law, no person may engage in the practice of selling or fitting |
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| 15 | 15 | | hearing aids unless he or she holds a license as a hearing instrument specialist |
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| 16 | 16 | | issued by the Department of Safety and Professional Services or a license as an |
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| 17 | 17 | | audiologist issued by the Hearing and Speech Examining Board. This bill provides |
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| 18 | 18 | | that no license is required to sell or fit an over-the-counter hearing aid, as defined |
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| 19 | 19 | | under federal law. Under federal law, air-conduction hearing aids may be sold over |
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| 20 | 20 | | the counter without a prescription under certain circumstances. |
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| 21 | 21 | | Further, under current law, a hearing instrument specialist who engages in the |
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| 22 | 22 | | practice of selling or fitting hearing aids must deliver to each person supplied with |
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| 23 | 23 | | a hearing aid a receipt that contains certain information. The bill provides that a |
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| 24 | 24 | | hearing instrument specialist is not required to deliver a receipt to a person supplied |
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| 25 | 25 | | with a hearing aid if the hearing aid is an over-the-counter hearing aid, as defined |
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| 26 | 26 | | under federal law. |
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| 27 | 27 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 28 | 28 | | enact as follows: |
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| 29 | 29 | | SECTION 1. 459.02 (3) of the statutes is created to read: |
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| 30 | 30 | | 1 |
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| 31 | 31 | | 2 |
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| 32 | 32 | | 3 - 2 -2023 - 2024 Legislature LRB-3398/2 |
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| 33 | 33 | | JPC:skw |
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| 34 | 34 | | SECTION 1 ASSEMBLY BILL 374 |
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| 35 | 35 | | 459.02 (3) No license is required under this subchapter or subch. II to sell or |
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| 36 | 36 | | fit an over-the-counter hearing aid, as defined in 21 USC 360j (q). |
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| 37 | 37 | | SECTION 2. 459.03 (1) of the statutes is amended to read: |
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| 38 | 38 | | 459.03 (1) A Except as provided in sub. (1m), a hearing instrument specialist |
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| 39 | 39 | | who engages in the practice of fitting and dealing in hearing aids shall deliver to each |
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| 40 | 40 | | person supplied with a hearing aid a receipt. The receipt shall contain the signature |
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| 41 | 41 | | and show the business address and license title and number of the hearing |
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| 42 | 42 | | instrument specialist, together with specifications as to the make and model of the |
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| 43 | 43 | | hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is |
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| 44 | 44 | | not new is sold, the receipt and the container thereof must be clearly marked as |
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| 45 | 45 | | “used" or “reconditioned" whichever is applicable. |
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| 46 | 46 | | SECTION 3. 459.03 (1m) of the statutes is created to read: |
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| 47 | 47 | | 459.03 (1m) A hearing instrument specialist is not required to deliver a receipt |
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| 48 | 48 | | to a person supplied with a hearing aid if the supplied hearing aid is an |
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| 49 | 49 | | over-the-counter hearing aid, as defined in 21 USC 360j (q). |
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| 50 | 50 | | (END) |
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