Date of enactment: March 22, 2024
2023 Senate Bill 373 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 179
AN ACT to amend 459.01 (3), 459.01 (5), 459.02 (1), 459.02 (2), 459.03 (1), 459.05 (1m), 459.06 (3), 459.07 (2),
459.08 (1), 459.095 (3), 459.10 (1) (d), 459.10 (1) (e), 459.10 (1) (j), 459.10 (1) (k), 459.20 (2) (b), 459.20 (3p),
459.22 (2) (f), 459.30 (2) (intro.), 459.30 (2) (a) and 459.34 (2) (ce); and to create 459.02 (3), 459.03 (1m) and 459.24
(3r) of the statutes; relating to: practice of ordering, fitting, and dealing in hearing aids and selling and fitting over−
the−counter hearing aids.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 459.01 (3) of the statutes is amended to
read:
459.01 (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 ordering, fitting, and
dealing in or fitting hearing aids.
SECTION 2. 459.01 (5) of the statutes, as affected by
2023 Wisconsin Act 82, is amended to read:
459.01 (5) “Practice of ordering, fitting, and dealing
in hearing aids” means the measurement of human hear-
ing by means of an audiometer or by any other means
accepted by the examining board solely for the purpose
of ordering the use of hearing aids or making selections,
adaptations, or sales of prescription hearing aids intended
to compensate for impaired hearing. This term also
includes making impressions for ear molds and includes
cerumen management in the course of examining ears,
taking ear impressions, or fitting prescription hearing
aids by an individual who holds a certificate to engage in
cerumen management under s. 459.115.
SECTION 3. 459.02 (1) of the statutes is amended to
read:
459.02 (1) No person may engage in the practice of
selling or 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 practices the engages
in the practice of ordering, fitting or sale of, and dealing
in hearing aids unless he or she holds a valid license
issued under this subchapter or a valid license or permit
to practice audiology issued under subch. II. The license
required by s. 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 under this subchapter to valid
license holders operating more than one office without
additional payment.
SECTION 4. 459.02 (2) of the statutes is amended to
read:
459.02 (2) Nothing in this subchapter or subch. II
shall prohibit any corporation or mercantile establish-
ment 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 ordering and fitting hearing aids
it employs persons licensed under this subchapter or per-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 179 2023 Senate Bill 373
sons issued licenses or permits to practice audiology
under subch. II.
SECTION 5. 459.02 (3) of the statutes is created to
read:
459.02 (3) No license is required under this sub-
chapter or subch. II to sell or fit an over−the−counter
hearing aid, as defined in 21 USC 360j (q).
SECTION 6. 459.03 (1) of the statutes is amended to
read:
459.03 (1) A Except as provided in sub. (1m), a hear-
ing instrument specialist who engages in the practice of
ordering, fitting, and dealing in hearing aids shall deliver
to each person supplied with a hearing aid a receipt. The
receipt shall contain the signature and show the business
address and license title and number of the hearing instru-
ment specialist, 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.
SECTION 7. 459.03 (1m) of the statutes is created to
read:
459.03 (1m) A hearing instrument specialist is not
required to deliver a receipt to a person supplied with a
hearing aid if the supplied hearing aid is an over−the−
counter hearing aid, as defined in 21 USC 360j (q).
SECTION 8. 459.05 (1m) of the statutes is amended to
read:
459.05 (1m) Whenever the examining board deter-
mines that another state or jurisdiction has requirements
equivalent to or higher than those in effect in the state for
the practice of ordering, fitting, and selling dealing in
hearing aids, and that such state or jurisdiction has a pro-
gram equivalent to or stricter than the program for deter-
mining whether applicants in this state are qualified to fit
and sell engage in the practice of ordering, fitting, and
dealing in hearing aids, the department may issue a
license by reciprocity to applicants who hold valid
licenses to order, 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 sub-
section shall be required to submit to or undergo a quali-
fying 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.
SECTION 9. 459.06 (3) of the statutes is amended to
read:
459.06 (3) The applicant for license by examination
shall appear at a time and place as the examining board
designates, to be examined by means of written and prac-
tical tests in order to demonstrate that he or she is quali-
fied to engage in the practice the of ordering, fitting of,
and dealing in hearing aids. Such examinations shall be
conducted at least twice a year and at such other times and
places designated by the examining board.
SECTION 10. 459.07 (2) of the statutes is amended to
read:
459.07 (2) Upon receiving an application under this
section, accompanied by the fee under s. 440.05 (6), the
examining board may grant a trainee permit which may
entitle the applicant to engage in the practice of ordering,
fitting of, and dealing in hearing aids for a period of one
year. A person holding a valid hearing instrument spe-
cialist license issued under this subchapter or a valid
license to practice audiology issued under s. 459.24 (3)
shall be responsible for the direct supervision and train-
ing of the applicant and shall be liable for all negligent
acts and omissions of the trainee in the practice of order-
ing, fitting of, and dealing in hearing aids.
SECTION 11. 459.08 (1) of the statutes is amended to
read:
459.08 (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 where he or she engages
or intends to engage in the practice of ordering, fitting or
selling, and dealing in hearing aids. The licensee shall
inform the board of any changes in these addresses within
30 days of the change.
SECTION 12. 459.095 (3) of the statutes is amended
to read:
459.095 (3) In consultation with the department, pro-
mulgate rules that require each person issued a license
under this subchapter to whom s. 459.09 (1) (b) applies
to complete a specified continuing education program or
course of study to ensure competence with respect to a
matter related to the practice of ordering, fitting, and
dealing in hearing aids if the examining board has
received a significant number of consumer complaints
about the matter or if the examining board otherwise
determines that there is a need for such a requirement.
Rules promulgated under this subsection shall establish
criteria for the examining board’s approval of the contin-
uing education program or course of study and of spon-
sors and cosponsors of the continuing education program
or course of study. The rules shall also require the exam-
ining board to administer, prior to the continuing educa-
tion program or course of study, an examination on the
matter that is the subject of the continuing education pro-
gram or course of study and to waive a requirement to
complete the continuing education program or course of
study if a person granted a license under this subchapter
passes the examination. A person who takes an examina-
tion specified in this subsection shall pay the fee specified
in s. 440.05 (1) (b).
SECTION 13. 459.10 (1) (d) of the statutes is amended
to read: − 3 − 2023 Wisconsin Act 179 2023 Senate Bill 373
459.10 (1) (d) Been found guilty of an offense the cir-
cumstances of which substantially relate to the practice
of ordering, fitting, and dealing in hearing aids.
SECTION 14. 459.10 (1) (e) of the statutes is amended
to read:
459.10 (1) (e) Violated this subchapter or ch. 440 or
any federal or state statute or rule which relates to the
practice of ordering, fitting, and dealing in hearing aids.
SECTION 15. 459.10 (1) (j) of the statutes is amended
to read:
459.10 (1) (j) Engaged in conduct which evidenced
a lack of knowledge or ability to apply principles or skills
of the practice of ordering, fitting, and dealing in hearing
aids.
SECTION 16. 459.10 (1) (k) of the statutes is amended
to read:
459.10 (1) (k) Engaged in unprofessional conduct.
In this subsection, “unprofessional conduct” means the
violation of any standard of professional behavior which
through experience, state statute, or administrative rule
has become established in the practice of ordering, fit-
ting, and dealing in hearing aids.
SECTION 17. 459.20 (2) (b) of the statutes is amended
to read:
459.20 (2) (b) Engaging in the practice of ordering,
fitting, and dealing in hearing aids.
SECTION 18. 459.20 (3p) of the statutes is amended
to read:
459.20 (3p) “Practice of ordering, fitting, and deal-
ing in hearing aids” means the measurement of human
hearing by means of an audiometer or by any other means
accepted by the examining board for the purpose of
ordering the use of hearing aids or making selections,
adaptations, or sales of hearing aids intended to compen-
sate for impaired hearing, and. This term also includes
making impressions for ear molds.
SECTION 19. 459.22 (2) (f) of the statutes is amended
to read:
459.22 (2) (f) Require an individual to be licensed
under this subchapter to engage in the practice of speech−
language pathology or audiology, other than engaging in
the practice of ordering, fitting, and dealing in hearing
aids, in a position for which the department of public
instruction requires licensure as a speech and language
pathologist or audiologist, if the individual’s entire prac-
tice of speech−language pathology or audiology, other
than engaging in the practice of ordering, fitting, and
dealing in hearing aids, is limited to the duties of that
position.
SECTION 20. 459.24 (3r) of the statutes is created to
read:
459.24 (3r) DELIVERY OF RECEIPT. An audiologist is
not required to deliver a receipt to a person supplied with
a hearing aid if the supplied hearing aid is an over−the−
counter hearing aid, as defined in 21 USC 360j (q).
SECTION 21. 459.30 (2) (intro.) of the statutes, as
affected by 2023 Wisconsin Act 56, is amended to read:
459.30 (2) FITTING AND SALE OF HEARING AIDS.
(intro.) An audiologist licensed under this subchapter, an
audiologist who holds a valid compact privilege, or an
individual granted a permit to practice audiology under
this subchapter who engages in the practice of ordering,
fitting, and dealing in hearing aids shall do all of the fol-
lowing:
SECTION 22. 459.30 (2) (a) of the statutes, as affected
by 2023 Wisconsin Act 56, is amended to read:
459.30 (2) (a) Deliver Except as provided in sub. (3r),
deliver to each person supplied with a hearing aid a
receipt. The receipt shall contain the signature and show
the business address, license or permit title, and number
of the licensee, compact privilege holder, or permittee,
together with specifications as to the make and model of
the hearing aid and full terms of sale clearly stated. If a
hearing aid that is not new is sold, the receipt and the con-
tainer must be clearly marked as “used” or “recondi-
tioned”, whichever is applicable. The terms of the guar-
antee, if there is any given, shall be set out in not less than
8−point type.
SECTION 23. 459.34 (2) (ce) of the statutes is
amended to read:
459.34 (2) (ce) Violated any federal or state statute,
rule or regulation that relates to the practice of ordering,
fitting, and dealing in hearing aids. This paragraph does
not apply to speech−language pathologists.