Wisconsin Administrative Code
Hearing and Speech Examining Board
Chapter HAS 6 - Licensure Of Speech-Language Pathologists, Audiologists And Temporary Licensees
Subchapter IV - Discipline
Section HAS 6.18 - Grounds for discipline
Universal Citation: WI Admin Code ยง HAS 6.18
Current through August 26, 2024
(1) The board may reprimand a speech-language pathologist, audiologist, temporary licensee or a permittee, or deny, limit, suspend or revoke a license or permit, if it finds that the applicant, licensee or permittee has done any of the following:
(a) Made a material misstatement in an
application for a license or permit or for renewal of a license.
(b) Engaged in conduct in the practice of
speech-language pathology or audiology which evidences a lack of knowledge or
ability to apply professional principles or skills.
(c) Subject to ss.
111.321,
111.322 and
111.335,
Stats., been convicted of an offense the circumstances of which substantially
relate to the practice of speech-language pathology or audiology.
(d) Engaged in deceptive
advertising.
(e) Advertised,
practiced, or attempted to practice under another individual's name.
(f) Subject to ss.
111.321,
111.322 and
111.34,
Stats., practiced speech-language pathology or audiology while the person's
ability to practice was impaired by alcohol or other drugs.
(g) Violated ch. 459, Stats., subchapter II,
or any rule promulgated by the board under that subchapter.
(h) Engaged in unprofessional
conduct.
(2) In this subchapter and in s. 459.34(2) (h), Stats., the following, without limitation because of enumeration, are violations of standards of professional behavior that constitute unprofessional conduct:
(a) Subject to ss.
111.321,
111.322 and
111.34,
Stats., practicing or attempting to practice speech-language pathology or
audiology while the person's ability to practice is impaired by a mental or
emotional disorder.
(b) Using the
title "speech-language pathologist," "audiologist" or any similar title unless
the individual holds a current speech-language pathologist or audiologist
license granted under s.
459.24(2) or (3), 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
speech-language pathology or audiology.
(e) Having a license, certificate, permit or
registration issued by another jurisdiction to practice as a speech-language
pathologist or 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 speech-language pathology or
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 speech, language, or 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.
Note: Speech-language pathologists and audiologists are also required to maintain patient health care records in accordance with ss. 146.81 to 146.84, Stats.
(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
speech-language pathology or 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) Violating any federal or state statute,
rule or regulation that relates to the practice of speech-language pathology or
audiology, as appropriate.
(3) In addition to the bases for unprofessional conduct set forth under sub. (2), the board may reprimand an audiologist, or deny, limit, suspend or revoke a license or permit, if it finds that the applicant, licensee or permittee has engaged in the following unprofessional conduct:
(a) Violated any
federal or state statute, rule or regulation that relates to the practice of
fitting and dealing in hearing aids.
(b) Failed to conduct a direct observation of
the ear canal of a person for whom a hearing aid is purchased.
(c) Sold a hearing aid for use by a person
who was not given tests by a hearing instrument specialist or an audiologist
licensed under ch. 459, Stats., or in another state using appropriate
procedures and instrumentation or without proper measurement of the functional
intensity and range of the person's hearing.
(d) Failed to calibrate audiometric equipment
at least once every 12 months.
(e)
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.
(f) Failed to clearly state the full terms of
sale on a receipt, as required in s.
459.24(3m),
Stats., or failed 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 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.
(g) Failed to perform cerumen management in a
competent manner.
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