Wisconsin Administrative Code
Hearing and Speech Examining Board
Chapter HAS 5 - Hearing Instrument Specialists Unprofessional Conduct
Section HAS 5.02 - Unprofessional conduct
Universal Citation: WI Admin Code ยง HAS 5.02
Current through August 26, 2024
(1) In this section, "client records" include:
(a) The results of all tests
required under ch. HAS 4.
(b)
Copies of all contracts, receipts and guarantees involving the sale of hearing
instruments.
(c) Documentation of
all pertinent client contacts, except those relating to the sale of batteries
or product accessories.
(d) Copies
of all written statements waiving medical evaluations, as required under
21 CFR
801.421 .
Note: Hearing instrument specialists must comply with the recordkeeping requirements adopted by the U.S. Food and Drug Administration (FDA), as set forth in 21 CFR 801.421.
(2) 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., and failing to
comply with those terms. The full terms of sale shall include all of the
following:
1. The amount and method of
payment.
2. The date and place 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.
(i) Failing to utilize equipment
and technology to provide telehealth services which enable the hearing
instrument specialist to meet or exceed the standard of minimally competent
practice.
(3) A person engaging in the practice of selling or fitting hearing aids to a patient located in this state, whether in-person or via telehealth, shall be licensed under ch. 459, Stats., as a hearing instrument specialist or audiologist.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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