Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB419 Compare Versions

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1	1	LRB-4144/1
2	2	JPC:cdc&emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 419
5	5	September 8, 2023 - Introduced by Senator CABRAL-GUEVARA, cosponsored by
6	6	Representatives ROZAR, S. JOHNSON, BEHNKE, BRANDTJEN, CLANCY, GUSTAFSON,
7	7	MADISON, MOSES, O'CONNOR, SCHMIDT, TUSLER, VANDERMEER and WICHGERS.
8	8	Referred to Committee on Health.
9	9	AN ACT to amend 459.01 (5) and 459.10 (1) (intro.); and to create 459.01 (1b)
10	10	and 459.115 of the statutes; relating to: practice of fitting and dealing in
11	11	hearing aids, certification of hearing instrument specialists to engage in
12	12	cerumen management, and granting rule-making authority.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, no person may engage in the practice of fitting and dealing
15	15	in hearing aids unless he or she is licensed as an audiologist or as a hearing
16	16	instrument specialist, with certain exceptions. The practice of fitting and dealing in
17	17	hearing aids is defined to mean the measurement of human hearing by means of an
18	18	audiometer or by any other means accepted by the Hearing and Speech Examining
19	19	Board solely for the purpose of making selections, adaptations, or sales of hearing
20	20	aids intended to compensate for impaired hearing. This bill amends the definition
21	21	of the practice of fitting and dealing in hearing aids to apply only to the selections,
22	22	adaptations, or sales of prescription hearing aids.
23	23	Further, this bill requires the Hearing and Speech Examining Board to issue
24	24	certificates to hearing instrument specialists to engage in cerumen management.
25	25	Cerumen is a wax-like secretion from glands in the external auditory canal. Under
26	26	current law, hearing instrument specialists may not engage in cerumen
27	27	management, unlike audiologists who may engage in cerumen management. To be
28	28	certified to engage in cerumen management under the bill, a hearing instrument
29	29	specialist must complete a course on cerumen management identified by the Hearing
30	30	and Speech Examining Board. In identifying cerumen management courses, the
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35	35	JPC:cdc&emw
36	36	SENATE BILL 419
37	37	completion of which qualifies a hearing instrument specialist to engage in cerumen
38	38	management, the bill directs the Hearing and Speech Examining Board to select
39	39	cerumen management courses that consist of at least six hours of instruction in
40	40	removing cerumen from an ear canal using a variety of safe techniques and that
41	41	includes a final examination on proper cerumen management procedures. Finally,
42	42	the bill directs the Hearing and Speech Examining Board to promulgate rules to
43	43	implement the cerumen management certification, including rules to define the
44	44	scope of cerumen management and to establish proper infection control practices.
45	45	For further information see the state fiscal estimate, which will be printed as
46	46	an appendix to this bill.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 459.01 (1b) of the statutes is created to read:
50	50	459.01 (1b) “Cerumen” means a wax-like secretion from glands in the external
51	51	auditory canal.
52	52	SECTION 2. 459.01 (5) of the statutes is amended to read:
53	53	459.01 (5) “Practice of fitting and dealing in hearing aids" means the
54	54	measurement of human hearing by means of an audiometer or by any other means
55	55	accepted by the examining board solely for the purpose of making selections,
56	56	adaptations, or sales of prescription hearing aids intended to compensate for
57	57	impaired hearing. This term also includes making impressions for ear molds and
58	58	includes cerumen management in the course of examining ears, taking ear
59	59	impressions, or fitting prescription hearing aids by an individual who holds a
60	60	certificate to engage in cerumen management under s. 459.115.
61	61	SECTION 3. 459.10 (1) (intro.) of the statutes is amended to read:
62	62	459.10 (1) (intro.) Subject to subch. II of ch. 111 and the rules adopted under
63	63	s. 440.03 (1), the examining board may reprimand the licensee or permit holder or
64	64	revoke, suspend, limit or deny the trainee permit or, license, or certificate to engage
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83	83	SECTION 3
84	84	SENATE BILL 419
85	85	in cerumen management under s. 459.115, or any combination thereof, of any person
86	86	who has done any of the following:
87	87	SECTION 4. 459.115 of the statutes is created to read:
88	88	459.115 Cerumen management. (1) The examining board shall issue a
89	89	certificate to engage in cerumen management to a person licensed under this
90	90	subchapter who completes a course on cerumen management identified by the
91	91	department under sub. (3).
92	92	(2) No person licensed under this subchapter may engage in cerumen
93	93	management unless he or she holds a valid certificate issued under sub. (1).
94	94	(3) The examining board shall identify cerumen management courses for
95	95	which completion qualifies a person licensed under this subchapter for a certificate
96	96	under sub. (1). In identifying cerumen management courses, the examining board
97	97	shall select cerumen management courses that consist of at least 6 hours of
98	98	instruction in removing cerumen from an ear canal using a variety of safe techniques
99	99	and that includes a final examination on proper cerumen management procedures.
100	100	(4) The examining board shall promulgate rules necessary to administer this
101	101	section, including rules for all of the following:
102	102	(a) Defining the scope of cerumen management.
103	103	(b) Establishing contraindications for which a person licensed under this
104	104	subchapter shall refer a patient to an otolaryngologist or a physician for cerumen
105	105	management.
106	106	(c) Establishing proper infection control practices.
107	107	(5) A certificate issued under this section is permanent unless revoked and is
108	108	not subject to periodic renewal.
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134	134	SECTION 4 SENATE BILL 419
135	135	(6) Every person licensed under this subchapter who is certified to engage in
136	136	cerumen management shall annually submit to the examining board evidence
137	137	satisfactory to the examining board that he or she has in effect malpractice liability
138	138	coverage in the minimum amounts required by the examining board by rule.
139	139	(END)
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