SOURCE
OF STATE AND FEDERAL LAWS
PRACTICE
OF AUDIOLOGY
GROUNDS
FOR DISCIPLINE
Source
of State and Federal Laws
Q.
What is the primary source of Wisconsin
law that governs the regulation of audiologists?
A.
Audiologists are licensed by the Hearing and Speech Examining Board
pursuant to Chapter
459, Wisconsin Statutes. See also, Chapters HAS 1-8 Wisconsin Administrative
Code.
Q.
What is the primary source of federal law that governs the regulation
of audiologists?
A.
The rules of the U.S. Food and Drug Administration (FDA), relating to
hearing aid devices, labeling and conditions for sale. Refer to 21
CFR 801.420 and 21
CFR 801.421.
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Practice
of Audiology
Q.
What constitutes the practice of audiology?
A.
The practice of audiology means all of the following:
(1)
Applying principles, methods or procedures of prevention, identification,
evaluation, consultation, intervention, instruction or research related
to hearing, vestibular function, or any abnormal condition related to
tinnitus, auditory sensitivity, acuity, function or processing, speech,
language or other aberrant behavior resulting from hearing loss.
(2)
Engaging in the practice of fitting and dealing in hearing aids.
Q.
What constitutes the practice of fitting and dealing in hearing aids?
A.
The practice of fitting and dealing in hearing aids is defined to mean
the measurement of human hearing by means of an audiometer or by any
other means accepted by the examining board for the purpose of making
selections, adaptations or sales of hearing instruments intended to
compensate for impaired hearing, and includes making impressions for
ear molds.
Q.
How often are audiologists required to calibrate audiometric equipment?
A.
Audiometric equipment used in the evaluation of hearing sensitivity
for the fitting and sale of hearing instruments shall be calibrated
not less than once every 12 months. Refer to s. HAS 6.18 (2) (d), Wis.
Adm. Code.
Q.
How long are audiologists required to maintain certifications of calibrations
of audiometric equipment?
A.
For a period of at least 5 years. Refer to s. HAS 6.18 (2) (e), Wis.
Adm. Code.
Q.
How long are audiologists required to maintain records of professional
services rendered and products dispensed?
A.
Audiologists are required to maintain records of professional services
rendered and products dispensed for a period of 5 years. Refer to s.
HAS 6.18 (3) (n), Wis. Adm. Code.
Q.
Is cerumen management within the scope of practice of audiologists?
A.
Yes.
Q.
What guarantee, if any, must be provided to a purchaser of a hearing
instrument?
A.
Audiologists are required to give the purchaser of a hearing aid a personal
guarantee that is at least identical in its terms to the guarantee of
the manufacturer of the hearing aid.
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Grounds
for Discipline
Q.
Is the failure of an audiologist to conduct a direct observation of
the ear canal of a person for whom a hearing instrument is purchased
grounds for discipline?
A.
Yes.
Q.
What are some other grounds for discipline?
A.
Subject to the rules promulgated under s. 440.03 (1), the examining
board may reprimand a licensee or permittee or deny, limit, suspend
or revoke a license or permit granted by the examining board if it finds
that the applicant, licensee or permittee has done any of the following:
(1)
Made a material misstatement in an application for a license or permit
or for renewal of a license.
(2)
Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense
the circumstances of which substantially relate to the practice of audiology.
(3)
Violated any federal or state statute, rule or regulation that relates
to the practice of audiology.
(4)
Violated any federal or state statute, rule or regulation that relates
to the practice of fitting and dealing in hearing instruments.
(5)
Failed to conduct a direct observation of the ear canal of a person
for whom a hearing aid is purchased.
(6)
Sold a hearing aid for use by a person who was not given tests by a
hearing instrument specialist or audiologist licensed in Wisconsin or
in another state using appropriate procedures and instrumentation or
without proper measurement of the functional intensity and range of
the person's hearing.
(7)
Advertised in a manner which is false, deceptive or misleading.
(8)
Advertised, practiced or attempted to practice under another's name.
(9)
Subject to ss. 111.321, 111.322 and 111.34, practiced audiology while
the individual's ability
to practice was impaired by alcohol or other drugs.
(10)
Violated subchapter II of ch. 459, Wis. Stats., or any rule promulgated
under that subchapter.
(11)
Engaged in unprofessional conduct as defined by rule by the examining
board.
(12)
Failed to calibrate audiometric equipment at least once every 12 months.
(13)
Failed to maintain adequate records of certification of calibrations
of audiometric equipment for a period of 5 years or failed to provide
access to those records when requested by the board or its representative.
(14)
Failed to clearly state the fu ll terms of sale on a receipt, as required
in s. 459.24 (3m), Stats. The full terms of sale shall include
all of the following:
1.
The amount and method of payment.
2.
The date, place and method of delivery.
3.
The terms of any personal guarantee.
4.
The nature and duration of the trial period and extension, if any.
5.
The refund policy and amount, if any.
6.
The product return and exchange policy, if any.
7.
The product repair policy, if any.
(15)
Engaged in conduct in the practice of audiology which evidences a lack
of knowledge or ability to apply professional principles or skills.
Q.
What constitutes "conduct in the practice of audiology which evidences
a lack of knowledge or ability to apply professional principles or skills"?
A.
Conduct in the practice of audiology which evidences a lack of knowledge
or ability to apply professional principles or skills includes:
(a)
Subject to ss. 111.321, 111.322 and 111.34, Stats., practicing or attempting
to practice audiology while the person's ability to practice is impaired
by a mental or emotional disorder.
(b)
Using the title "audiologist" or any similar title unless
the individual holds a current audiologist license granted under s.
459.24 (3), Wis. Stats.
(c)
Violating the conditions or limitations placed upon a license or permit
by the board.
(d)
Engaging in conduct likely to deceive, defraud, or harm an individual
or the public in the course of the practice of audiology.
(e)
Having a license, certificate, permit or registration issued by another
jurisdiction to practice as an audiologist limited, suspended or revoked.
(f)
Aiding or abetting an unlicensed person, knowingly conspiring with an
unlicensed person, or allowing one's license to be used by an unlicensed
person to evade the use of a title prohibited under
s. 459.24 (1) or (1m), Stats.
(g)
Engaging in sexual intimacies in connection with the practice of audiology.
(h)
Failing to fully inform persons served of the nature and possible adverse
effects of services rendered and products dispensed.
(i)
Failing to evaluate the effectiveness of services rendered or products
dispensed.
(j)
Providing services or dispensing products when benefits cannot reasonably
be expected.
(k)
Guaranteeing the results of any treatment or procedure, directly or
by implication, except that a reasonable statement of prognosis may
be made.
(l)
Evaluating or treating hearing disorders except in a professional relationship.
(m)
Treating solely by correspondence.
(n)
Failing to maintain adequate records of professional services rendered
and products dispensed for a period of 5 years.
(o)
Failing to provide access to records of professional services rendered
and products dispensed when requested by the board or its representative
in connection with an investigation of a complaint filed against the
applicant, licensee or permittee.
(p)
Failing to record all of the following information in each client record:
1.
The name of the licensee.
2.
The date of entry of pertinent information.
3.
Information sufficiently legible to allow interpretation by other individuals
for the benefit of the client.
(q)
Misrepresenting diagnostic information, services rendered, or products
dispensed or engaging in any scheme to defraud in connection with obtaining
reimbursement.
(r)
Using persons in research or as the subject of a teaching demonstration
without obtaining their informed consent.
(s)
Failing to practice audiology within the scope of the licensee's competence,
education, training and experience.
(t)
Delegating the provision of clinical services to an unlicensed individual
for whom the licensee does not provide direct supervision.
(u)
Delegating the provision of clinical services to a temporary licensee
for whom the licensee does not provide supervision.
(v)
Knowingly permitting any professional staff or unlicensed individual
to provide clinical services that exceed that person's competence, education,
training and experience.
(w)
Failing to assign credit to persons who have contributed to clinical
services, a publication, presentation or product in proportion to their
contribution.
(x)
Failing to perform cerumen management in a competent manner.
Q.
Does the examining board have the authority to assess forfeiture in
disciplinary proceedings?
A.
Yes. In addition to or in lieu of a reprimand or denial, limitation,
suspension or revocation of a license or permit, the examining board
may assess against an applicant, licensee or permittee a forfeiture
of not less than $100 nor more than $2,500 for each violation enumerated
under s. 459.34 (2), Wis. Stats.
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