2023 - 2024 LEGISLATURE
LRB-3398/2
JPC:skw
2023 ASSEMBLY BILL 374
August 4, 2023 - Introduced by Representatives STUBBS, SORTWELL, BALDEH, MOORE
OMOKUNDE, DITTRICH, PALMERI, BODDEN, GOEBEN, ANDRACA, SUBECK,
GUSTAFSON, MURSAU, MYERS, JACOBSON, OHNSTAD, ORTIZ-VELEZ, SHANKLAND,
SNODGRASS, VINING and JOERS, cosponsored by Senators CABRAL-GUEVARA,
CARPENTER, FELZKOWSKI, SPREITZER and TAYLOR. Referred to Committee on
Regulatory Licensing Reform.
1 AN ACT to amend 459.03 (1); and to create 459.02 (3) and 459.03 (1m) of the
2 statutes; relating to: selling and fitting over-the-counter 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. This bill provides
that no license is required to sell or fit an over-the-counter hearing aid, as defined
under federal law. Under federal law, air-conduction hearing aids may be sold over
the counter without a prescription under certain circumstances.
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 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 people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 459.02 (3) of the statutes is created to read:
 2023 - 2024 Legislature -2- LRB-3398/2
JPC:skw
ASSEMBLY BILL 374 SECTION 1
1 459.02 (3) No license is required under this subchapter or subch. II to sell or
2 fit an over-the-counter hearing aid, as defined in 21 USC 360j (q).
3 SECTION 2. 459.03 (1) of the statutes is amended to read:
4 459.03 (1) A Except as provided in sub. (1m), a hearing instrument specialist
5 who engages in the practice of fitting and dealing in hearing aids shall deliver to each
6 person supplied with a hearing aid a receipt. The receipt shall contain the signature
7 and show the business address and license title and number of the hearing
8 instrument specialist, together with specifications as to the make and model of the
9 hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is
10 not new is sold, the receipt and the container thereof must be clearly marked as
11 “used" or “reconditioned" whichever is applicable.
12 SECTION 3. 459.03 (1m) of the statutes is created to read:
13 459.03 (1m) A hearing instrument specialist is not required to deliver a receipt
14 to a person supplied with a hearing aid if the supplied hearing aid is an
15 over-the-counter hearing aid, as defined in 21 USC 360j (q).
16 (END)


Statutes affected:
Bill Text: 459.03(1), 459.03