Texas 2009 - 81st Regular

Texas Senate Bill SB1194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4390 BEF-F
2	2	By: Wentworth S.B. No. 1194
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of hearing instrument
8	8	fitters and dispensers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 402.003, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 402.003. APPLICABILITY OF CHAPTER[; EXEMPTIONS].
13	13	(a) This chapter does not apply to:
14	14	(1) a person engaged in the practice of measuring
15	15	human hearing as a part of the academic curriculum of an accredited
16	16	institution of higher learning if the person or the person's
17	17	employees do not sell hearing instruments;
18	18	(2) a physician licensed by the Texas Medical [State]
19	19	Board [of Medical Examiners]; [or]
20	20	(3) a person with a master's degree or doctorate in
21	21	audiology from an accredited college or university who does not
22	22	sell hearing instruments, to the extent the person engages in the
23	23	measurement of human hearing by the use of an audiometer or by any
24	24	other means to make selections and adaptations of or
25	25	recommendations for a hearing instrument and to make impressions
26	26	for earmolds to be used as part of a hearing instrument; [.]
27	27	(4) an [(b) An] audiologist or an audiology intern
28	28	licensed under Chapter 401, except as may otherwise be provided by
29	29	the following provisions which refer to Chapter 401:
30	30	(A) Section 402.051(a)(1);
31	31	(B) Section 402.202(b);
32	32	(C) Section 402.252;
33	33	(D) Section 402.255(a);
34	34	(E) Section 402.406(a); and
35	35	(F) Section 402.451(a)(6); and [is exempt from
36	36	this chapter.]
37	37	(5) a [(c) A] student of audiology in an accredited
38	38	college or university program, [is exempt from this chapter] if the
39	39	student's activities and services are part of the student's
40	40	supervised course of study or practicum experience.
41	41	(b) A [The] student described by Subsection (a)(5) is
42	42	subject to Chapter 401.
43	43	SECTION 2. Section 402.202(b), Occupations Code, is amended
44	44	to read as follows:
45	45	(b) A person licensed under Chapter 401 as an audiologist or
46	46	an audiology intern who is applying for a license under this chapter
47	47	is exempt from the examination required under this chapter but must
48	48	comply with all other requirements under this chapter.
49	49	SECTION 3. Sections 402.207(a) and (c), Occupations Code,
50	50	are amended to read as follows:
51	51	(a) The committee shall issue an apprentice permit to fit
52	52	and dispense hearing instruments to a temporary training permit
53	53	holder who has:
54	54	(1) passed all parts of the examination [with a score
55	55	of 70 percent or greater];
56	56	(2) paid the required fees; and
57	57	(3) met all requirements of this chapter.
58	58	(c) An apprentice permit holder shall work under the
59	59	supervision of a licensed hearing instrument dispenser for at least
60	60	one year. During the apprentice year, the apprentice permit holder
61	61	shall complete 20 [18] hours of classroom continuing education as
62	62	required by Section 402.303 for a license holder [in subjects
63	63	required by the committee].
64	64	SECTION 4. Section 402.209, Occupations Code, is amended to
65	65	read as follows:
66	66	Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER
67	67	STATE [LICENSING BY RECIPROCITY]. (a) A person licensed to fit and
68	68	dispense hearing instruments in another state may apply for a
69	69	license under this chapter by submitting an application on a form
70	70	prescribed by the committee. [On application, the committee shall
71	71	waive the examination requirement and issue a license under this
72	72	chapter to a license holder from another state or territory whose
73	73	licensing requirements are equal to or greater than the licensing
74	74	requirements of this chapter.]
75	75	(b) An applicant for a license under this section must
76	76	complete the application form completely and accurately. The
77	77	committee may not consider an incomplete application. If an
78	78	applicant fails to provide any information required on the
79	79	application form, the committee shall send the applicant a notice
80	80	of deficiency that explains the additional information that must be
81	81	submitted before the committee may review the application. [An
82	82	application for a license under this section must:
83	83	[(1) be in writing and on a form prescribed by the
84	84	committee;
85	85	[(2) be accompanied by documentation showing that the
86	86	state, territory, or other authority under which the applicant was
87	87	practicing has minimum requirements equal to or greater than the
88	88	requirements of this chapter; and
89	89	[(3) be filed with the committee.]
90	90	(c) The committee shall require an applicant for a license
91	91	under this section to provide as part of the application:
92	92	(1) written verification that the applicant is
93	93	licensed in good standing as a fitter and dispenser of hearing
94	94	instruments in another state and has held the license for at least
95	95	three years preceding the date of application;
96	96	(2) written verification that:
97	97	(A) the requirements to obtain a license to fit
98	98	and dispense hearing instruments in the state in which the
99	99	applicant is licensed include passing an examination approved by
100	100	the committee by rule; or
101	101	(B) the applicant holds a certification from a
102	102	professional organization approved by the committee by rule;
103	103	(3) affirmation that the applicant is a resident of
104	104	this state;
105	105	(4) a written statement from the licensing entity in
106	106	the state in which the applicant is licensed that details any
107	107	disciplinary action taken by the entity against the applicant; and
108	108	(5) a statement of the applicant's criminal history
109	109	acceptable to the committee [In addition to any other documentation
110	110	required by the committee, the committee shall request all written
111	111	records regarding the applicant from the state, territory, or other
112	112	authority under which the applicant was practicing, including:
113	113	[(1) a copy of the written examination;
114	114	[(2) the practicum examination;
115	115	[(3) the outline of the oral examination; and
116	116	[(4) any other information necessary for the
117	117	committee's decision].
118	118	(d) The committee may deny an application under this section
119	119	based on the applicant's criminal history or history of
120	120	disciplinary action.
121	121	(e) If the committee approves an application, on the next
122	122	regularly scheduled examination date the applicant may take the
123	123	practical section of the examination required under Section 402.202
124	124	and a written examination of Texas law administered by the
125	125	committee. If the applicant passes the examinations required under
126	126	this section, the committee shall issue to the applicant a license
127	127	under this chapter.
128	128	(f) The committee may allow an applicant under this section
129	129	who satisfies all application requirements other than the
130	130	requirement under Subsection (c)(2) to take all sections of the
131	131	examination required under Section 402.202. If the applicant passes
132	132	the examination, the committee shall issue to the applicant a
133	133	license under this chapter.
134	134	(g) An applicant under this section who fails an examination
135	135	may request in writing, not later than the 30th day after the date
136	136	the committee sends the applicant notice of the examination
137	137	results, that the committee furnish the applicant with an analysis
138	138	of the applicant's performance on the examination.
139	139	(h) An applicant under this section who fails an examination
140	140	may not retake the examination under this section. The person must
141	141	comply with the requirements for an applicant for an original
142	142	license under this chapter.
143	143	(i) The committee may not issue a license under this section
144	144	to an applicant who is a licensed audiologist in another state. The
145	145	committee shall refer the applicant to the State Board of Examiners
146	146	for Speech-Language Pathology and Audiology.
147	147	SECTION 5. Section 402.251, Occupations Code, is amended to
148	148	read as follows:
149	149	Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
150	150	(a) The committee shall issue a temporary training permit to a
151	151	person who:
152	152	(1) has never taken the examination administered under
153	153	this chapter;
154	154	(2) possesses the qualifications required under
155	155	Section 402.203(a);
156	156	(3) submits a written application on a form provided
157	157	by the committee furnishing sworn evidence that the applicant[:
158	158	[(A)] satisfies the requirements of Subdivisions
159	159	(1) and (2); and
160	160	[(B) has never held a temporary training permit
161	161	in this state; and]
162	162	(4) pays the temporary training permit fee.
163	163	(b) The committee may issue a new temporary training permit
164	164	under this section to a person on or after the 365th day after the
165	165	person's previous temporary training permit expired.
166	166	SECTION 6. Section 402.252, Occupations Code, is amended to
167	167	read as follows:
168	168	Sec. 402.252. SUPERVISION AFFIDAVIT. (a) An application
169	169	for a temporary training permit must be accompanied by the
170	170	affidavit of a person licensed to fit and dispense hearing
171	171	instruments under this chapter or Chapter 401, other than a person
172	172	licensed under Section 401.311 or 401.312 [in this state].
173	173	(b) The affidavit must state that:
174	174	(1) the applicant, if granted a temporary training
175	175	permit, will be supervised by the affiant in all work done by the
176	176	applicant under the temporary training permit; [and]
177	177	(2) the affiant will notify the committee not later
178	178	than the 10th day after the date of the applicant's termination of
179	179	supervision by the affiant; and
180	180	(3) if the affiant is licensed under Chapter 401, the
181	181	affiant will comply with all provisions of this chapter and rules
182	182	adopted under this chapter that relate to the supervision and
183	183	training of a temporary training permit holder.
184	184	SECTION 7. Section 402.255(a), Occupations Code, is amended
185	185	to read as follows:
186	186	(a) A supervisor of a temporary training permit holder must:
187	187	(1) be [a] licensed to fit and dispense hearing
188	188	instruments under [instrument dispenser having the qualifications
189	189	established by] this chapter or Chapter 401, other than Section
190	190	401.311 or 401.312;
191	191	(2) currently practice in [and:
192	192	[(1) have] an established place of business; and
193	193	(3) [(2)] be responsible for the direct supervision
194	194	and education of a temporary training permit holder.
195	195	SECTION 8. Section 402.301, Occupations Code, is amended by
196	196	amending Subsections (a) and (e) and adding Subsection (f) to read
197	197	as follows:
198	198	(a) A license under this chapter is valid for two years [one
199	199	year]. The committee shall renew the license every two years
200	200	[annually] on payment of the renewal fee unless the license is
201	201	suspended or revoked.
202	202	(e) A person whose license has been expired for two years or
203	203	more may not renew the license. The person may obtain a new license
204	204	by [submitting to reexamination and] complying with the
205	205	requirements and procedures for obtaining an original license.
206	206	(f) The committee may not renew a license unless the license
207	207	holder provides proof that all equipment that is used by the license
208	208	holder to produce a measurement in the testing of hearing acuity has
209	209	been properly calibrated or certified by a qualified technician.
210	210	SECTION 9. Section 402.403, Occupations Code, is amended to
211	211	read as follows:
212	212	Sec. 402.403. WRITTEN CONTRACT [BILL OF SALE]. The owner of
213	213	a hearing instrument fitting and dispensing practice [(a) A
214	214	license holder] shall ensure that each client receives a written
215	215	contract at the time of purchase of a hearing instrument that
216	216	contains [provide a bill of sale to each person supplied with a
217	217	hearing instrument by the license holder or under the license
218	218	holder's direction.
219	219	[(b) The bill of sale must contain]:
220	220	(1) the [license holder's] signature of the license
221	221	holder who dispensed the hearing instrument;
222	222	(2) the [license holder's] printed name of the license
223	223	holder who dispensed the hearing instrument;
224	224	(3) the address of the [license holder's] principal
225	225	office of the license holder who dispensed the hearing instrument;
226	226	(4) the [license holder's] license number of the
227	227	license holder who dispensed the hearing instrument;
228	228	(5) a description of the make and model of the hearing
229	229	instrument;
230	230	(6) the amount charged for the hearing instrument;
231	231	[and]
232	232	(7) a statement of whether the hearing instrument is
233	233	new, used, or rebuilt;
234	234	(8) notice of the 30-day trial period under Section
235	235	402.401; and
236	236	(9) the name, mailing address, and telephone number of
237	237	the committee.
238	238	SECTION 10. Section 402.406, Occupations Code, is amended
239	239	by adding Subsection (c) to read as follows:
240	240	(c) All of the business's records and contracts are solely
241	241	the property of the person who owns the business.
242	242	SECTION 11. Section 402.501, Occupations Code, is amended
243	243	to read as follows:
244	244	Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
245	245	ACTION. The committee may refuse to issue or renew a license,
246	246	revoke or suspend a license or permit, place on probation a person
247	247	whose license or permit has been suspended, or reprimand a license
248	248	or permit holder who:
249	249	(1) makes a material misstatement in furnishing
250	250	information to the committee or to another state or federal agency;
251	251	(2) violates this chapter or a rule adopted under this
252	252	chapter;
253	253	(3) is convicted of a felony or misdemeanor that
254	254	includes dishonesty as an essential element or of a crime directly
255	255	related to the practice of fitting and dispensing hearing
256	256	instruments;
257	257	(4) makes a misrepresentation for the purpose of
258	258	obtaining or renewing a license, including falsifying the
259	259	educational requirements under this chapter;
260	260	(5) is professionally incompetent or engages in
261	261	malpractice or dishonorable, unethical, or unprofessional conduct
262	262	that is likely to deceive, defraud, or harm the public;
263	263	(6) aids or assists another person in violating this
264	264	chapter or a rule adopted under this chapter;
265	265	(7) does not provide information in response to a
266	266	written request made by the board within 60 days;
267	267	(8) directly or indirectly knowingly employs, hires,
268	268	procures, or induces a person not licensed under this chapter to fit
269	269	and dispense hearing instruments unless the person is exempt under
270	270	this chapter;
271	271	(9) aids a person not licensed under this chapter in
272	272	the fitting or dispensing of hearing instruments unless the person
273	273	is exempt under this chapter;
274	274	(10) is habitually intoxicated or addicted to a
275	275	controlled substance;
276	276	(11) directly or indirectly gives to or receives from
277	277	a person a fee, commission, rebate, or other form of compensation
278	278	for a service not actually provided;
279	279	(12) violates a term of probation;
280	280	(13) wilfully makes or files a false record or report;
281	281	(14) has a physical illness that results in the
282	282	inability to practice the profession with reasonable judgment,
283	283	skill, or safety, including the deterioration or loss of motor
284	284	skills through aging;
285	285	(15) solicits a service by advertising that is false
286	286	or misleading;
287	287	(16) participates in subterfuge or misrepresentation
288	288	in the fitting or dispensing of a hearing instrument;
289	289	(17) knowingly advertises for sale a model or type of
290	290	hearing instrument that cannot be purchased;
291	291	(18) falsely represents that the service of a licensed
292	292	physician or other health professional will be used or made
293	293	available in the fitting, adjustment, maintenance, or repair of a
294	294	hearing instrument;
295	295	(19) falsely uses the term "doctor," "audiologist,"
296	296	"clinic," "clinical audiologist," "state licensed," "state
297	297	certified," "licensed hearing instrument dispenser," "board
298	298	certified hearing instrument specialist," "hearing instrument
299	299	specialist," or "certified hearing aid audiologist," or uses any
300	300	other term, abbreviation, or symbol that falsely gives the
301	301	impression that:
302	302	(A) a service is being provided by a person who is
303	303	licensed or has been awarded a degree or title; or
304	304	(B) the person providing a service has been
305	305	recommended by a government agency or health provider;
306	306	(20) advertises a manufacturer's product or uses a
307	307	manufacturer's name or trademark in a way that implies a
308	308	relationship between a license or permit holder and a manufacturer
309	309	that does not exist;
310	310	(21) directly or indirectly gives or offers to give,
311	311	or permits or causes to be given, money or another thing of value to
312	312	a person who advises others in a professional capacity as an
313	313	inducement to influence the person to influence the others to:
314	314	(A) purchase or contract to purchase products
315	315	sold or offered for sale by the license or permit holder; or
316	316	(B) refrain from purchasing or contracting to
317	317	purchase products sold or offered for sale by another license or
318	318	permit holder under this chapter;
319	319	(22) with fraudulent intent fits and dispenses a
320	320	hearing instrument under any name, including a false name or alias;
321	321	(23) does not adequately provide for the service or
322	322	repair of a hearing instrument fitted and sold by the license
323	323	holder; or
324	324	(24) violates a regulation of the federal Food and
325	325	Drug Administration or the Federal Trade Commission relating to
326	326	hearing instruments.
327	327	SECTION 12. Section 402.302, Occupations Code, is repealed.
328	328	SECTION 13. The changes in law made by this Act to Section
329	329	402.207(c), Occupations Code, apply only to the holder of an
330	330	apprentice permit issued on or after the effective date of this Act.
331	331	The holder of an apprentice permit issued before the effective date
332	332	of this Act is governed by the law in effect immediately before that
333	333	date, and the former law is continued in effect for that purpose.
334	334	SECTION 14. The changes in law made by this Act to Section
335	335	402.209, Occupations Code, apply only to an application submitted
336	336	on or after the effective date of this Act. An application submitted
337	337	before the effective date of this Act is governed by the law in
338	338	effect immediately before that date, and the former law is
339	339	continued in effect for that purpose.
340	340	SECTION 15. The changes in law made by this Act to Section
341	341	402.301(a), Occupations Code, apply only to a license that is
342	342	issued on or after the effective date of this Act. A license issued
343	343	before the effective date of this Act is governed by the law in
344	344	effect immediately before that date, and the former law is
345	345	continued in effect for that purpose.
346	346	SECTION 16. This Act takes effect September 1, 2009.