The following are answers to some frequently asked questions received by the Department of Regulation and Licensing. These questions and answers are general in nature and are provided as a public service. Licensees and applicants with specific questions should refer to the Wisconsin statutes and administrative code provisions which govern their profession. In any instance in which an answer may differ from the provisions of the statutes and administrative code provisions, the latter will govern.
I.
SOURCE OF STATE AND FEDERAL LAWS
Q.
What is the primary source of Wisconsin laws that govern the regulation
of hearing instrument specialists?
A.
Hearing instrument specialists 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 laws that govern the regulation
of hearing instrument specialists?
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 801.420-801.421.
II.
PRACTICE OF FITTING AND DEALING IN HEARING INSTRUMENTS
Q.
What constitutes the practice of fitting and dealing in hearing instruments?
A.
The practice of fitting and dealing in hearing instruments is defined
to mean 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 hearing instruments
intended to compensate for impaired hearing. This term also includes
making impressions for ear molds.
Q.
How often are hearing instrument specialists 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 4.03 (3), Wis.
Adm. Code.
Q.
How long are hearing instrument specialists required to maintain records
of certification of calibrations of audiometric equipment?
A.
For a period of at least 5 years. Refer to s. HAS 5.02 (2) (fm), Wis.
Adm. Code.
Q.
Are hearing instrument specialists required to report certifications
of calibrations of audiometric equipment to the board?
A.
Yes, at the time of renewal of their licenses. Refer to s. 459.085,
Wis. Stats.
Q.
How long are hearing instrument specialists required to maintain client
records?
A.
Hearing instrument specialists are required to maintain client records
for a period of at least 5 years. Refer to s. HAS 5.02 (2) (d), Wis.
Adm. Code.
Q.
Is cerumen management within the scope of practice of hearing instrument
specialists?
A.
No.
Q.
Are hearing instrument specialists required to provide a guarantee
to a purchaser of a hearing aid?
A.
Yes. Hearing instrument specialists 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.
Q.
Is the failure of a hearing instrument specialist to conduct a direct
observation of the ear canal of a person for whom a hearing aid is
purchased grounds for discipline?
A.
Yes.
Q.
How is the term "unprofessional conduct" defined?
A.
The term "unprofessional conduct" is defined to mean the
violation of any standard of professional behavior which through experience,
state statute or administrative rule has become established in the
practice of fitting and dealing in hearing instruments.
Q.
What constitutes unprofessional conduct?
A.
The following, without limitation because of enumeration, are violations
of standards of professional conduct and constitute unprofessional
conduct under s. 459.10 (1) (k), Stats.:
(a)
After a request by the board, failing to cooperate in a timely manner
with the board's investigation of complaints filed against the applicant
or licensee. There is a rebuttable presumption that a licensee or
applicant who takes longer than 30 days to respond to
a
request of the board has not acted in a timely manner under this subsection.
(b)
Knowingly providing false information to the board.
(c)
Knowingly placing false information in a client's records or making
a client's record false.
(d)
Failing to maintain client records for a period of 5 years.
(dm)
Failing to record all of the following information in each client
record:
1.
The date of entry of pertinent information.
2.
The name of the licensee.
3.
Information sufficiently legible to allow interpretation by other
individuals for the benefit of the client.
(e)
Practicing in a manner which substantially departs from the standard
of care ordinarily exercised by a hearing instrument specialist.
(f)
Failing to maintain proper calibration of audiometric equipment, as
specified in s. HAS 4.03 (3).
(fm)
Failing to maintain adequate records of certification of calibrations
of audiometric equipment for a period of 5 years or failing to provide
access to those records when requested by the board or its representative.
(g)
Failing to clearly state the full terms of sale on a receipt, as required
in s. 459.03, 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 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.
(h)
Soliciting from or knowingly disclosing to any person or entity the
content of an examination conducted under ch. HAS 3.
Q.
What are the appropriate procedures for the measurement of human hearing?
A.
The procedures accepted by the board for the measurement of human
hearing by licensees and trainees comprise:
(1)
Pure tone audiometry, including air conduction testing and bone conduction
testing.
(2)
Speech audiometry by live voice, or recorded voice, including speech
reception threshold, speech discrimination testing, and most comfortable
loudness measurements and loudness discomfort
levels.
(3)
Appropriate masking when indicated.
(4)
Recording and interpretation of audiograms and speech audiometry to
determine proper selection and adaptation of hearing instruments.
Q.
What is the appropriate time frame for performing hearing tests prior
to fitting hearing instruments?
A.
The appropriate procedures for the measurement of human hearing as
described in s. HAS 4.01, Wis. Adm. Code shall be performed and documented
within 6 months prior to the selling and fitting of a hearing instrument.
