Date of enactment: December 6, 2023
2023 Senate Bill 419 Date of publication*: December 7, 2023
2023 WISCONSIN ACT 82
AN ACT to amend 459.01 (5) and 459.10 (1) (intro.); and to create 459.01 (1b) and 459.115 of the statutes; relating
to: practice of fitting and dealing in hearing aids, certification of hearing instrument specialists to engage in cerumen
management, and granting rule−making authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 459.01 (1b) of the statutes is created to
read:
459.01 (1b) “Cerumen” means a wax−like secretion
from glands in the external auditory canal.
SECTION 2. 459.01 (5) of the statutes is amended to
read:
459.01 (5) “Practice of fitting and dealing in hearing
aids” means the measurement of human hearing by
means of an audiometer or by any other means accepted
by the examining board solely for the purpose of 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 examin-
ing 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. 459.10 (1) (intro.) of the statutes is
amended to read:
459.10 (1) (intro.) 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 or,
license, or certificate to engage in cerumen management
under s. 459.115, or any combination thereof, of any per-
son who has done any of the following:
SECTION 4. 459.115 of the statutes is created to read:
459.115 Cerumen management. (1) The examin-
ing board shall issue a certificate to engage in cerumen
management to a person licensed under this subchapter
who completes a course on cerumen management identi-
fied by the department under sub. (3).
(2) No person licensed under this subchapter may
engage in cerumen management unless he or she holds a
valid certificate issued under sub. (1).
(3) The examining board shall identify cerumen
management courses for which completion qualifies a
person licensed under this subchapter for a certificate
under sub. (1). In identifying cerumen management
courses, the examining board shall select cerumen man-
agement courses that consist of at least 6 hours of instruc-
tion in removing cerumen from an ear canal using a vari-
ety of safe techniques and that includes a final
examination on proper cerumen management proce-
dures.
(4) The examining board shall promulgate rules nec-
essary to administer this section, including rules for all of
the following:
(a) Defining the scope of cerumen management.
* 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 82 2023 Senate Bill 419
(b) Establishing contraindications for which a person
licensed under this subchapter shall refer a patient to an
otolaryngologist or a physician for cerumen manage-
ment.
(c) Establishing proper infection control practices.
(5) A certificate issued under this section is perma-
nent unless revoked and is not subject to periodic
renewal.
(6) Every person licensed under this subchapter who
is certified to engage in cerumen management shall annu-
ally submit to the examining board evidence satisfactory
to the examining board that he or she has in effect mal-
practice liability coverage in the minimum amounts
required by the examining board by rule.