Wisconsin Statutes 459.10 – Disciplinary grounds
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Terms Used In Wisconsin Statutes 459.10
- Cerumen: means a wax-like secretion from glands in the external auditory canal. See Wisconsin Statutes 459.01
- Deceptive advertising: means creating, using, or promoting the use of any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, false, or untruthful. See Wisconsin Statutes 459.01
- Examining board: means the hearing and speech examining board. See Wisconsin Statutes 459.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Fraud: Intentional deception resulting in injury to another.
- Hearing aid: means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories of such an instrument or device, except batteries and cords. See Wisconsin Statutes 459.01
- Hearing instrument specialist: means any person who is or is required to be licensed under…. See Wisconsin Statutes 459.01
- License: means a license issued by the department under…. See Wisconsin Statutes 459.01
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Statute: A law passed by a legislature.
- Trainee permit: means a temporary permit issued while the applicant is in training to become a licensed hearing instrument specialist. See Wisconsin Statutes 459.01
(1) 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, license, or certificate to engage in cerumen management under s. 459.115, or any combination thereof, of any person who has done any of the following:
(a) Made any false statement or given any false information in connection with an application for a license or trainee permit or for renewal or reinstatement of a license or trainee permit.
(b) Been issued a license or trainee permit through error.
(c) Been adjudicated mentally incompetent by a court.
(d) Been found guilty of an offense the circumstances of which substantially relate to the practice of ordering, fitting, and dealing in hearing aids.
(e) Violated this subchapter or ch. 440 or any federal or state statute or rule which relates to the practice of ordering, fitting, and dealing in hearing aids.
(f) Practiced as a hearing instrument specialist while the person’s ability to practice was impaired by alcohol or other drugs or physical or mental disability or disease.
(g) Engaged in deceptive advertising.
(h) Made a substantial misrepresentation in the course of practice which was relied upon by a client or patient.
(i) Failed to conduct a direct observation of the ear canal of a person for whom a hearing aid is purchased.
(j) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of the practice of ordering, fitting, and dealing in hearing aids.
(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.
(L) Obtained or attempted to obtain compensation by fraud or deceit.
(m) Violated any order of the examining board.
(n) Knowingly employed directly or indirectly, to perform any work regulated under this subchapter, any person not licensed or not holding a trainee permit under this subchapter, or whose license or trainee permit has been suspended or revoked.
(o) Permitted another person to use his or her license or trainee permit.
(p) Sold a hearing aid for use by a person who was not given tests by a hearing instrument specialist or an audiologist licensed under this chapter or in another state using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person’s hearing.
(q) Intentionally or negligently misrepresented the cause of a hearing impairment or the cure of a hearing impairment by the use of a hearing aid.
(r) Made an intentional or negligent misrepresentation regarding a hearing aid or services.
(2)
(a) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:
1. Refrains from engaging in unprofessional conduct.
2. Appears before the examining board or its officers or agents upon each request of the examining board.
3. Fully discloses to the examining board or its officers or agents the nature of the individual’s practice and conduct.
4. Fully complies with the limits placed on his or her practice and conduct by the examining board.
5. Obtains any additional training, education or supervision required by the examining board.
6. Cooperates with all reasonable requests of the examining board.
(b) The examining board may, as a condition of removing a limitation on a license or trainee permit issued under this subchapter or of reinstating a license or trainee permit that has been suspended or revoked under this subchapter, require the license or permit holder to obtain minimum results specified by the examining board on one or more physical, mental or professional competency examinations if the examining board determines that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.
(c) The examining board may, as a condition of reinstating a license that has been suspended under this subchapter, require the license holder to pass the examination required for initial licensure under s. 459.06.