Wisconsin 2023-2024 Regular Session Status: Enacted Bipartisan · 3 R · 2 D cosponsors

SB 373 — Relating to: selling and fitting over-the-counter hearing aids.

Last action — Published 3-23-2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced August 09, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on March 26, 2024.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

44 added · 207 removed

Plain-language change summary

The recently amended SB 373 updates the regulations surrounding the selling and fitting of hearing aids. The major change is that individuals can now sell or fit over-the-counter hearing aids without needing a specific license, which reflects a federal law change allowing certain hearing aids to be sold without a prescription. Additionally, those fitting over-the-counter hearing aids are not required to provide receipts, simplifying the process for both sellers and consumers. This matters because it increases accessibility to hearing aids for individuals who may not otherwise seek out professional assistance.

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- 2024 LEGISLATURE LRBs0098/1 JPC:cdc SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 373 September 8, 2023 - Offered by Senator C ABRAL-GUEVARA .
- 2024 LEGISLATURE LRB-3913/1 JPC:skw SENATE BILL 373 August 9, 2023 - Introduced by Senators C ABRAL- GUEVARA , C ARPENTER, F ELZKOWSKI, KNODL , PREITZER and TAYLOR, cosponsored by Representatives S TUBBS, SORTWELL, ANDRACA , BALDEH, BODDEN , CABRERA, DITTRICH, GOEBEN, G USTAFSON, JACOBSON , OERS, MOORE OMOKUNDE , MURSAU, M YERS, OHNSTAD, O RTIZV ELEZ, ALMERI , HANKLAND , SNODGRASS, SUBECK and V ININ.
A N A CT 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), 459.24 (3m) (intro.), 459.24 (3m) (a) and 459.34 (2) (ce);
Referred to Committee on Health.
and to create 459.02 (3), 459.03 (1m) and 459.24 (3r) of the statutes;
A N A CT to amend 459.03 (1);
and to create 459.02 (3) and 459.03 (1m) of the statutes;
practice of ordering, fitting, and dealing in hearing aids and selling and fitting over-the-counter hearing aids.
selling and fitting over-the-counter hearing aids.
Analysis by the Legislative Reference Bureau This bill makes several changes to the practice of fitting and dealing in hearing aids.
Analysis by the Legislative Reference Bureau Under current law, no person may engage in the practice of selling or fitting hearing aids unless he or she holds a license as a hearing instrument specialist issued by the Department of Safety and Professional Services or a license as an audiologist issued by the Hearing and Speech Examining Board.
Under current law, no person may engage in the practice of fitting and dealing in hearing aids unless he or she holds a license as a hearing instrument specialist issued by the Department of Safety and Professional Services or a license as an audiologist issued by the Hearing and Speech Examining Board.
This bill provides that no license is required to sell or fit an over-the-counter hearing aid, as defined under federal law.
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 Hearing and Speech Examining Board solely for the purpose of making selections, adaptations or sales of hearing aids intended to compensate for impaired hearing.
LRBs0098/1 - 2024 Legislature - 2 - JPC:cdc This bill amends the definition of the practice of fitting and dealing in hearing aids to be the practice of ordering, fitting, and dealing in hearing aids and to include ordering the use of hearing aids intended to compensate for impaired hearing.
Further, the bill provides that no license is required to sell or fit an over-the-counter hearing aid, as defined under federal law.
Finally, under current law, a hearing instrument specialist or an audiologist who engages in the practice of fitting and dealing in hearing aids must deliver to each person supplied with a hearing aid a receipt that contains certain information.
Further, under current law, a hearing instrument specialist who engages in the practice of selling or fitting hearing aids must deliver to each person supplied with a hearing aid a receipt that contains certain information.
The bill provides that a hearing instrument specialist or audiologist is not required to deliver a receipt to a person supplied with a hearing aid if the hearing aid is an over-the-counter hearing aid, as defined under federal law.
The bill provides that a hearing instrument specialist is not required to deliver a receipt to a person supplied with a hearing aid if the hearing aid is an over-the-counter hearing aid, as defined under federal law.
S ECTION 1.
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.
S ECTION 2.
459.01 (5) of the statutes is amended to read:
459.01(5) “Practice of ordering,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 ordering the use of hearing aids or making selections, adaptations, or sales of hearing aids intended to compensate for impaired hearing.
This term also includes making impressions for ear molds.
S ECTION 3.
459.02 (1) of the statutes is amended to read:
459.02 (1) No person may engage in the practice of selling orrdering, 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 LRBs0098/1 - 2024 Legislature - 3 - JPC:cdc SECTION 3 ordering,itting 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 establishment 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 persons issued licenses or permits to practice audiology under subch.
II.
SECTION 5.
459.02 (3) No license is required under this subchapter or subch.
- 2024 Legislature - 2 - LRB-3913/1 JPC:skw SENATE BILL 373 SECTION 1 459.02 (3) No license is required under this subchapter or subch.
SECTION 6.
SECTION 2.
(1m), a hearing 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.
(1m), a hearing instrument specialist who engages in the practice of fitting and dealing in hearing aids shall deliver to each person supplied with a hearing aid a receipt.
If a hearing aid LRBs0098/1 - 2024 Legislature - 4 - JPC:cdc SECTION 6 which is not new is sold, the receipt and the container thereof must be clearly marked as “used" or “reconditioned" whichever is applicable.
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.
SECTION 3.
SECTION 8.
459.05 (1m) of the statutes is amended to read:
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459.05 (1m) Whenever the examining board determines 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 program equivalent to or stricter than the program for determining whether applicants in this state are qualified to fit and sell 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, 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 subsection shall be required to submit to or undergo a qualifying 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 practical tests in order to demonstrate that he or she is qualified to engage in the practice the of ordering, fitting of, and dealing in hearing aids.
Such examinations LRBs0098/1 - 2024 Legislature - 5 - JPC:cdc SECTION 9 shall be conducted at least twice a year and at such other times and places designated by the examining board.
S ECTION 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 specialist 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 training of the applicant and shall be liable for all negligent acts and omissions of the trainee in the practice of ordering,ting of, and dealing in hearing aids.
S ECTION 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 orderifitting 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.
S ECTION 12.
459.095 (3) of the statutes is amended to read:
459.095 (3) In consultation with the department, promulgate 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 LRBs0098/1 - 2024 Legislature - 6 - JPC:cdc SECTION 12 promulgated under this subsection shall establish criteria for the examining board's approval of the continuing education program or course of study and of sponsors and cosponsors of the continuing education program or course of study.
The rules shall also require the examining board to administer, prior to the continuing education program or course of study, an examination on the matter that is the subject of the continuing education program 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 examination 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:
459.10 (1) (d) Been found guilty of an offense the circumstances 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, 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,d 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, fitting, and dealing in hearing aids.
SECTION 17.
459.20 (2) (b) of the statutes is amended to read:
LRBs0098/1 - 2024 Legislature - 7 - JPC:cdc S ECTION 17 459.20 (2) (b) Engaging in the practice of ordering,itting, and dealing in hearing aids.
SECTION 18.
459.20 (3p) of the statutes is amended to read:
459.20 (3p) “Practice of orderinfitting, 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 for the purpose of ordering the use of hearing aids or making selections, adaptations, or sales of hearing aids intended to compensate 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 orderfitting, 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 practice 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 (3m) (intro.) of the statutes is amended to read:
459.24 (3m) FITTING AND SALE OF HEARING AID(intro.) An audiologist licensed under this subchapter or an individual granted a permit to practice audiology under this subchapter who engages in the practice of ordering,itting, and dealing in hearing aids shall do all of the following:
SECTION 21.
459.24 (3m) (a) of the statutes is amended to read:
459.24 (3m) (a) DeliveExcept as provided in sub.
(3r), deliver to each person supplied with a hearing aid a receipt.
The receipt shall contain the signature and LRBs0098/1 - 2024 Legislature - 8 - JPC:cdc S ECTION 21 show the business address, license or permit title, and number of the licensee 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 container must be clearly marked as “used" or “reconditioned", whichever is applicable.
The terms of the guarantee, if there is any given, shall be set out in not less than 8-point type.
S ECTION 22.
459.24 (3r) of the statutes is created to read:
459.24 (3r) D ELIVERY OF RECEI.
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).
S ECTION 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 aiThis paragraph does not apply to speech-language pathologists.
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Action History

  1. Published 3-23-2024

  2. Report approved by the Governor on 3-22-2024. 2023 Wisconsin Act 179

  3. Presented to the Governor on 3-18-2024

  4. Report correctly enrolled

  5. LRB correction (Senate Substitute Amendment 1)

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Made a special order of business at 10:16 AM on 2-22-2024 pursuant to Assembly Resolution 28

  13. Representative Emerson added as a cosponsor

  14. Read first time and referred to committee on Rules

  15. Received from Senate

  16. Ordered immediately messaged

  17. Read a third time and passed

  18. Rules suspended to give bill its third reading

  19. Ordered to a third reading

  20. Senate Substitute Amendment 1 adopted

  21. Read a second time

  22. Senator Hesselbein added as a coauthor

  23. Representative Ratcliff added as a cosponsor

  24. Placed on calendar 10-17-2023 pursuant to Senate Rule 18(1)

  25. Available for scheduling

  26. Report passage as amended recommended by Committee on Health, Ayes 6, Noes 0

  27. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health, Ayes 6, Noes 0

  28. Executive action taken

  29. Representative Hurd added as a cosponsor

  30. Representative Drake added as a cosponsor

  31. Public hearing held

  32. Senate Substitute Amendment 1 offered by Senator Cabral-Guevara

  33. Representative Macco added as a cosponsor

  34. Read first time and referred to Committee on Health

  35. Introduced by Senators Cabral-Guevara, Carpenter, Felzkowski, Knodl, Spreitzer and Taylor; cosponsored by Representatives Stubbs, Sortwell, Andraca, Baldeh, Bodden, Cabrera, Dittrich, Goeben, Gustafson, Jacobson, Joers, Moore Omokunde, Mursau, Myers, Ohnstad, Ortiz-Velez, Palmeri, Shankland, Snodgrass, Subeck and Vining

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 373?
SB 373 is sponsored by Cabral-Guevara, Rachael (Republican), Carpenter, Tim (Democrat), Felzkowski, Mary (Republican), Knodl, Daniel (Republican), Spreitzer, Mark (Democrat), and Taylor.
What is the current status of SB 373?
This bill has been enacted into law. Introduced August 09, 2023. Enacted.
Where can I track SB 373?
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