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Texas House Bill HB594

Texas 2009 - 81st Regular

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11 H.B. No. 594
22
33
44 AN ACT
55 relating to the licensing and regulation of hearing instrument
66 fitters and dispensers.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 402.003, Occupations Code, is amended to
99 read as follows:
1010 Sec. 402.003. APPLICABILITY OF CHAPTER[; EXEMPTIONS].
1111 (a) This chapter does not apply to:
1212 (1) a person engaged in the practice of measuring
1313 human hearing as a part of the academic curriculum of an accredited
1414 institution of higher learning if the person or the person's
1515 employees do not sell hearing instruments;
1616 (2) a physician licensed by the Texas Medical [State]
1717 Board [of Medical Examiners]; [or]
1818 (3) a person with a master's degree or doctorate in
1919 audiology from an accredited college or university who does not
2020 sell hearing instruments, to the extent the person engages in the
2121 measurement of human hearing by the use of an audiometer or by any
2222 other means to make selections and adaptations of or
2323 recommendations for a hearing instrument and to make impressions
2424 for earmolds to be used as part of a hearing instrument; [.]
2525 (4) an [(b) An] audiologist or an audiology intern
2626 licensed under Chapter 401, except as may otherwise be provided by
2727 the following provisions, which refer to Chapter 401:
2828 (A) Section 402.051(a)(1);
2929 (B) Section 402.202(b);
3030 (C) Section 402.252;
3131 (D) Section 402.255(a);
3232 (E) Section 402.406(a); and
3333 (F) Section 402.451(a)(6); and [is exempt from
3434 this chapter.]
3535 (5) a [(c) A] student of audiology in an accredited
3636 college or university program, [is exempt from this chapter] if the
3737 student's activities and services are part of the student's
3838 supervised course of study or practicum experience.
3939 (b) A [The] student described by Subsection (a)(5) is
4040 subject to Chapter 401.
4141 SECTION 2. Section 402.202(b), Occupations Code, is amended
4242 to read as follows:
4343 (b) A person licensed under Chapter 401 as an audiologist or
4444 an audiology intern who is applying for a license under this chapter
4545 is exempt from the examination required under this chapter but must
4646 comply with all other requirements under this chapter.
4747 SECTION 3. Section 402.207(c), Occupations Code, is amended
4848 to read as follows:
4949 (c) An apprentice permit holder shall work under the
5050 supervision of a licensed hearing instrument dispenser for at least
5151 one year. During the apprentice year, the apprentice permit holder
5252 shall complete 20 [18] hours of classroom continuing education as
5353 required by Section 402.303 for a license holder [in subjects
5454 required by the committee].
5555 SECTION 4. Section 402.209, Occupations Code, is amended to
5656 read as follows:
5757 Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER
5858 STATE [LICENSING BY RECIPROCITY]. (a) A person licensed to fit and
5959 dispense hearing instruments in another state may apply for a
6060 license under this chapter by submitting an application on a form
6161 prescribed by the committee. [On application, the committee shall
6262 waive the examination requirement and issue a license under this
6363 chapter to a license holder from another state or territory whose
6464 licensing requirements are equal to or greater than the licensing
6565 requirements of this chapter.]
6666 (b) An applicant for a license under this section must
6767 complete the application form completely and accurately. The
6868 committee may not consider an incomplete application. If an
6969 applicant fails to provide any information required on the
7070 application form, the committee shall send the applicant a notice
7171 of deficiency that explains the additional information that must be
7272 submitted before the committee may review the application. [An
7373 application for a license under this section must:
7474 [(1) be in writing and on a form prescribed by the
7575 committee;
7676 [(2) be accompanied by documentation showing that the
7777 state, territory, or other authority under which the applicant was
7878 practicing has minimum requirements equal to or greater than the
7979 requirements of this chapter; and
8080 [(3) be filed with the committee.]
8181 (c) The committee shall require an applicant for a license
8282 under this section to provide as part of the application:
8383 (1) written verification that the applicant is
8484 licensed in good standing as a fitter and dispenser of hearing
8585 instruments in another state and has held the license for at least
8686 three years preceding the date of application;
8787 (2) written verification that:
8888 (A) the requirements to obtain a license to fit
8989 and dispense hearing instruments in the state in which the
9090 applicant is licensed include passing an examination approved by
9191 the committee by rule; or
9292 (B) the applicant holds a certification from a
9393 professional organization approved by the committee by rule;
9494 (3) affirmation that the applicant is a resident of
9595 this state;
9696 (4) a written statement from the licensing entity in
9797 the state in which the applicant is licensed that details any
9898 disciplinary action taken by the entity against the applicant; and
9999 (5) a statement of the applicant's criminal history
100100 acceptable to the committee [In addition to any other documentation
101101 required by the committee, the committee shall request all written
102102 records regarding the applicant from the state, territory, or other
103103 authority under which the applicant was practicing, including:
104104 [(1) a copy of the written examination;
105105 [(2) the practicum examination;
106106 [(3) the outline of the oral examination; and
107107 [(4) any other information necessary for the
108108 committee's decision].
109109 (d) The committee may deny an application under this section
110110 based on the applicant's criminal history or history of
111111 disciplinary action.
112112 (e) If the committee approves an application, on the next
113113 regularly scheduled examination date the applicant may take the
114114 practical section of the examination required under Section 402.202
115115 and a written examination of Texas law administered by the
116116 committee. If the applicant passes the examinations required under
117117 this section, the committee shall issue to the applicant a license
118118 under this chapter.
119119 (f) The committee may allow an applicant under this section
120120 who satisfies all application requirements other than the
121121 requirement under Subsection (c)(2) to take all sections of the
122122 examination required under Section 402.202. If the applicant passes
123123 the examination, the committee shall issue to the applicant a
124124 license under this chapter.
125125 (g) An applicant under this section who fails an examination
126126 may request in writing, not later than the 30th day after the date
127127 the committee sends the applicant notice of the examination
128128 results, that the committee furnish the applicant with an analysis
129129 of the applicant's performance on the examination.
130130 (h) An applicant under this section who fails an examination
131131 may not retake the examination under this section. The person must
132132 comply with the requirements for an applicant for an original
133133 license under this chapter.
134134 (i) The committee may not issue a license under this section
135135 to an applicant who is a licensed audiologist in another state. The
136136 committee shall refer the applicant to the State Board of Examiners
137137 for Speech-Language Pathology and Audiology.
138138 SECTION 5. Section 402.251, Occupations Code, is amended to
139139 read as follows:
140140 Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
141141 (a) The committee shall issue a temporary training permit to a
142142 person who:
143143 (1) has never taken the examination administered under
144144 this chapter;
145145 (2) possesses the qualifications required under
146146 Section 402.203(a);
147147 (3) submits a written application on a form provided
148148 by the committee furnishing sworn evidence that the applicant[:
149149 [(A)] satisfies the requirements of Subdivisions
150150 (1) and (2); and
151151 [(B) has never held a temporary training permit
152152 in this state; and]
153153 (4) pays the temporary training permit fee.
154154 (b) The committee may issue a new temporary training permit
155155 under this section to a person on or after the 365th day after the
156156 person's previous temporary training permit expired.
157157 SECTION 6. Section 402.252, Occupations Code, is amended to
158158 read as follows:
159159 Sec. 402.252. SUPERVISION AFFIDAVIT. (a) An application
160160 for a temporary training permit must be accompanied by the
161161 affidavit of a person licensed to fit and dispense hearing
162162 instruments under this chapter or Chapter 401, other than a person
163163 licensed under Section 401.311 or 401.312 [in this state].
164164 (b) The affidavit must state that:
165165 (1) the applicant, if granted a temporary training
166166 permit, will be supervised by the affiant in all work done by the
167167 applicant under the temporary training permit; [and]
168168 (2) the affiant will notify the committee not later
169169 than the 10th day after the date of the applicant's termination of
170170 supervision by the affiant; and
171171 (3) if the affiant is licensed under Chapter 401, the
172172 affiant will comply with all provisions of this chapter and rules
173173 adopted under this chapter that relate to the supervision and
174174 training of a temporary training permit holder.
175175 SECTION 7. Section 402.255(a), Occupations Code, is amended
176176 to read as follows:
177177 (a) A supervisor of a temporary training permit holder must:
178178 (1) be [a] licensed to fit and dispense hearing
179179 instruments under [instrument dispenser having the qualifications
180180 established by] this chapter or Chapter 401, other than Section
181181 401.311 or 401.312;
182182 (2) currently practice in [and:
183183 [(1) have] an established place of business; and
184184 (3) [(2)] be responsible for the direct supervision
185185 and education of a temporary training permit holder.
186186 SECTION 8. Section 402.301, Occupations Code, is amended by
187187 amending Subsections (a) and (e) and adding Subsection (f) to read
188188 as follows:
189189 (a) A license under this chapter is valid for two years [one
190190 year]. The committee shall renew the license every two years
191191 [annually] on payment of the renewal fee unless the license is
192192 suspended or revoked.
193193 (e) A person whose license has been expired for two years or
194194 more may not renew the license. The person may obtain a new license
195195 by [submitting to reexamination and] complying with the
196196 requirements and procedures for obtaining an original license.
197197 (f) The committee may not renew a license unless the license
198198 holder provides proof that all equipment that is used by the license
199199 holder to produce a measurement in the testing of hearing acuity has
200200 been properly calibrated or certified by a qualified technician.
201201 SECTION 9. Section 402.403, Occupations Code, is amended to
202202 read as follows:
203203 Sec. 402.403. WRITTEN CONTRACT [BILL OF SALE]. The owner of
204204 a hearing instrument fitting and dispensing practice [(a) A
205205 license holder] shall ensure that each client receives a written
206206 contract at the time of purchase of a hearing instrument that
207207 contains [provide a bill of sale to each person supplied with a
208208 hearing instrument by the license holder or under the license
209209 holder's direction.
210210 [(b) The bill of sale must contain]:
211211 (1) the [license holder's] signature of the license
212212 holder who dispensed the hearing instrument;
213213 (2) the [license holder's] printed name of the license
214214 holder who dispensed the hearing instrument;
215215 (3) the address of the [license holder's] principal
216216 office of the license holder who dispensed the hearing instrument;
217217 (4) the [license holder's] license number of the
218218 license holder who dispensed the hearing instrument;
219219 (5) a description of the make and model of the hearing
220220 instrument;
221221 (6) the amount charged for the hearing instrument;
222222 [and]
223223 (7) a statement of whether the hearing instrument is
224224 new, used, or rebuilt;
225225 (8) notice of the 30-day trial period under Section
226226 402.401; and
227227 (9) the name, mailing address, and telephone number of
228228 the committee.
229229 SECTION 10. Section 402.406, Occupations Code, is amended
230230 by adding Subsection (c) to read as follows:
231231 (c) All of the business's records and contracts are solely
232232 the property of the person who owns the business.
233233 SECTION 11. Section 402.501, Occupations Code, is amended
234234 to read as follows:
235235 Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
236236 ACTION. The committee may refuse to issue or renew a license,
237237 revoke or suspend a license or permit, place on probation a person
238238 whose license or permit has been suspended, or reprimand a license
239239 or permit holder who:
240240 (1) makes a material misstatement in furnishing
241241 information to the committee or to another state or federal agency;
242242 (2) violates this chapter or a rule adopted under this
243243 chapter;
244244 (3) is convicted of a felony or misdemeanor that
245245 includes dishonesty as an essential element or of a crime directly
246246 related to the practice of fitting and dispensing hearing
247247 instruments;
248248 (4) makes a misrepresentation for the purpose of
249249 obtaining or renewing a license, including falsifying the
250250 educational requirements under this chapter;
251251 (5) is professionally incompetent or engages in
252252 malpractice or dishonorable, unethical, or unprofessional conduct
253253 that is likely to deceive, defraud, or harm the public;
254254 (6) aids or assists another person in violating this
255255 chapter or a rule adopted under this chapter;
256256 (7) does not provide information in response to a
257257 written request made by the board within 60 days;
258258 (8) directly or indirectly knowingly employs, hires,
259259 procures, or induces a person not licensed under this chapter to fit
260260 and dispense hearing instruments unless the person is exempt under
261261 this chapter;
262262 (9) aids a person not licensed under this chapter in
263263 the fitting or dispensing of hearing instruments unless the person
264264 is exempt under this chapter;
265265 (10) is habitually intoxicated or addicted to a
266266 controlled substance;
267267 (11) directly or indirectly gives to or receives from
268268 a person a fee, commission, rebate, or other form of compensation
269269 for a service not actually provided;
270270 (12) violates a term of probation;
271271 (13) wilfully makes or files a false record or report;
272272 (14) has a physical illness that results in the
273273 inability to practice the profession with reasonable judgment,
274274 skill, or safety, including the deterioration or loss of motor
275275 skills through aging;
276276 (15) solicits a service by advertising that is false
277277 or misleading;
278278 (16) participates in subterfuge or misrepresentation
279279 in the fitting or dispensing of a hearing instrument;
280280 (17) knowingly advertises for sale a model or type of
281281 hearing instrument that cannot be purchased;
282282 (18) falsely represents that the service of a licensed
283283 physician or other health professional will be used or made
284284 available in the fitting, adjustment, maintenance, or repair of a
285285 hearing instrument;
286286 (19) falsely uses the term "doctor," "audiologist,"
287287 "clinic," "clinical audiologist," "state licensed," "state
288288 certified," "licensed hearing instrument dispenser," "board
289289 certified hearing instrument specialist," "hearing instrument
290290 specialist," or "certified hearing aid audiologist," or uses any
291291 other term, abbreviation, or symbol that falsely gives the
292292 impression that:
293293 (A) a service is being provided by a person who is
294294 licensed or has been awarded a degree or title; or
295295 (B) the person providing a service has been
296296 recommended by a government agency or health provider;
297297 (20) advertises a manufacturer's product or uses a
298298 manufacturer's name or trademark in a way that implies a
299299 relationship between a license or permit holder and a manufacturer
300300 that does not exist;
301301 (21) directly or indirectly gives or offers to give,
302302 or permits or causes to be given, money or another thing of value to
303303 a person who advises others in a professional capacity as an
304304 inducement to influence the person to influence the others to:
305305 (A) purchase or contract to purchase products
306306 sold or offered for sale by the license or permit holder; or
307307 (B) refrain from purchasing or contracting to
308308 purchase products sold or offered for sale by another license or
309309 permit holder under this chapter;
310310 (22) with fraudulent intent fits and dispenses a
311311 hearing instrument under any name, including a false name or alias;
312312 (23) does not adequately provide for the service or
313313 repair of a hearing instrument fitted and sold by the license
314314 holder; or
315315 (24) violates a regulation of the federal Food and
316316 Drug Administration or the Federal Trade Commission relating to
317317 hearing instruments.
318318 SECTION 12. Section 402.302, Occupations Code, is repealed.
319319 SECTION 13. The changes in law made by this Act to Section
320320 402.207(c), Occupations Code, apply only to the holder of an
321321 apprentice permit issued on or after the effective date of this Act.
322322 The holder of an apprentice permit issued before the effective date
323323 of this Act is governed by the law in effect immediately before that
324324 date, and the former law is continued in effect for that purpose.
325325 SECTION 14. The changes in law made by this Act to Section
326326 402.209, Occupations Code, apply only to an application submitted
327327 on or after the effective date of this Act. An application submitted
328328 before the effective date of this Act is governed by the law in
329329 effect immediately before that date, and the former law is
330330 continued in effect for that purpose.
331331 SECTION 15. The changes in law made by this Act to Section
332332 402.301(a), Occupations Code, apply only to a license that is
333333 issued on or after the effective date of this Act. A license issued
334334 before the effective date of this Act is governed by the law in
335335 effect immediately before that date, and the former law is
336336 continued in effect for that purpose.
337337 SECTION 16. This Act takes effect September 1, 2009.
338338 ______________________________ ______________________________
339339 President of the Senate Speaker of the House
340340 I certify that H.B. No. 594 was passed by the House on April
341341 17, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
342342 voting.
343343 ______________________________
344344 Chief Clerk of the House
345345 I certify that H.B. No. 594 was passed by the Senate on May
346346 21, 2009, by the following vote: Yeas 31, Nays 0.
347347 ______________________________
348348 Secretary of the Senate
349349 APPROVED: _____________________
350350 Date
351351 _____________________
352352 Governor