Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB431 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 431
5	5	September 19, 2023 - Introduced by Representatives ROZAR, S. JOHNSON, BEHNKE,
6	6	BRANDTJEN, CLANCY, GUSTAFSON, MADISON, MOSES, O'CONNOR, SCHMIDT,
7	7	TUSLER, VANDERMEER and W ICHGERS, cosponsored by Senator
8	8	CABRAL-GUEVARA. Referred to Committee on Health, Aging and Long-Term
9	9	Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 459.01 (5) and 459.10 (1) (intro.); and to create 459.01 (1b)
12	12	and 459.115 of the statutes; relating to: practice of fitting and dealing in
13	13	hearing aids, certification of hearing instrument specialists to engage in
14	14	cerumen management, and granting rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, no person may engage in the practice of fitting and dealing
17	17	in hearing aids unless he or she is licensed as an audiologist or as a hearing
18	18	instrument specialist, with certain exceptions. The practice of fitting and dealing in
19	19	hearing aids is defined to mean the measurement of human hearing by means of an
20	20	audiometer or by any other means accepted by the Hearing and Speech Examining
21	21	Board solely for the purpose of making selections, adaptations, or sales of hearing
22	22	aids intended to compensate for impaired hearing. This bill amends the definition
23	23	of the practice of fitting and dealing in hearing aids to apply only to the selections,
24	24	adaptations, or sales of prescription hearing aids.
25	25	Further, this bill requires the Hearing and Speech Examining Board to issue
26	26	certificates to hearing instrument specialists to engage in cerumen management.
27	27	Cerumen is a wax-like secretion from glands in the external auditory canal. Under
28	28	current law, hearing instrument specialists may not engage in cerumen
29	29	management, unlike audiologists who may engage in cerumen management. To be
30	30	certified to engage in cerumen management under the bill, a hearing instrument
31	31	specialist must complete a course on cerumen management identified by the Hearing
32	32	and Speech Examining Board. In identifying cerumen management courses, the
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37	37	JPC:cdc&emw
38	38	ASSEMBLY BILL 431
39	39	completion of which qualifies a hearing instrument specialist to engage in cerumen
40	40	management, the bill directs the Hearing and Speech Examining Board to select
41	41	cerumen management courses that consist of at least six hours of instruction in
42	42	removing cerumen from an ear canal using a variety of safe techniques and that
43	43	includes a final examination on proper cerumen management procedures. Finally,
44	44	the bill directs the Hearing and Speech Examining Board to promulgate rules to
45	45	implement the cerumen management certification, including rules to define the
46	46	scope of cerumen management and to establish proper infection control practices.
47	47	For further information see the state fiscal estimate, which will be printed as
48	48	an appendix to this bill.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1. 459.01 (1b) of the statutes is created to read:
52	52	459.01 (1b) “Cerumen” means a wax-like secretion from glands in the external
53	53	auditory canal.
54	54	SECTION 2. 459.01 (5) of the statutes is amended to read:
55	55	459.01 (5) “Practice of fitting and dealing in hearing aids" means the
56	56	measurement of human hearing by means of an audiometer or by any other means
57	57	accepted by the examining board solely for the purpose of making selections,
58	58	adaptations, or sales of prescription hearing aids intended to compensate for
59	59	impaired hearing. This term also includes making impressions for ear molds and
60	60	includes cerumen management in the course of examining ears, taking ear
61	61	impressions, or fitting prescription hearing aids by an individual who holds a
62	62	certificate to engage in cerumen management under s. 459.115.
63	63	SECTION 3. 459.10 (1) (intro.) of the statutes is amended to read:
64	64	459.10 (1) (intro.) Subject to subch. II of ch. 111 and the rules adopted under
65	65	s. 440.03 (1), the examining board may reprimand the licensee or permit holder or
66	66	revoke, suspend, limit or deny the trainee permit or, license, or certificate to engage
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85	85	SECTION 3
86	86	ASSEMBLY BILL 431
87	87	in cerumen management under s. 459.115, or any combination thereof, of any person
88	88	who has done any of the following:
89	89	SECTION 4. 459.115 of the statutes is created to read:
90	90	459.115 Cerumen management. (1) The examining board shall issue a
91	91	certificate to engage in cerumen management to a person licensed under this
92	92	subchapter who completes a course on cerumen management identified by the
93	93	department under sub. (3).
94	94	(2) No person licensed under this subchapter may engage in cerumen
95	95	management unless he or she holds a valid certificate issued under sub. (1).
96	96	(3) The examining board shall identify cerumen management courses for
97	97	which completion qualifies a person licensed under this subchapter for a certificate
98	98	under sub. (1). In identifying cerumen management courses, the examining board
99	99	shall select cerumen management courses that consist of at least 6 hours of
100	100	instruction in removing cerumen from an ear canal using a variety of safe techniques
101	101	and that includes a final examination on proper cerumen management procedures.
102	102	(4) The examining board shall promulgate rules necessary to administer this
103	103	section, including rules for all of the following:
104	104	(a) Defining the scope of cerumen management.
105	105	(b) Establishing contraindications for which a person licensed under this
106	106	subchapter shall refer a patient to an otolaryngologist or a physician for cerumen
107	107	management.
108	108	(c) Establishing proper infection control practices.
109	109	(5) A certificate issued under this section is permanent unless revoked and is
110	110	not subject to periodic renewal.
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136	136	SECTION 4 ASSEMBLY BILL 431
137	137	(6) Every person licensed under this subchapter who is certified to engage in
138	138	cerumen management shall annually submit to the examining board evidence
139	139	satisfactory to the examining board that he or she has in effect malpractice liability
140	140	coverage in the minimum amounts required by the examining board by rule.
141	141	(END)
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