81R4390 BEF-F
By: Wentworth S.B. No. 1194
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of hearing instrument
fitters and dispensers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.003, Occupations Code, is amended to
read as follows:
Sec. 402.003. APPLICABILITY OF CHAPTER[; EXEMPTIONS].
(a) This chapter does not apply to:
(1) a person engaged in the practice of measuring
human hearing as a part of the academic curriculum of an accredited
institution of higher learning if the person or the person's
employees do not sell hearing instruments;
(2) a physician licensed by the Texas Medical [State]
Board [of Medical Examiners]; [or]
(3) a person with a master's degree or doctorate in
audiology from an accredited college or university who does not
sell hearing instruments, to the extent the person engages in the
measurement of human hearing by the use of an audiometer or by any
other means to make selections and adaptations of or
recommendations for a hearing instrument and to make impressions
for earmolds to be used as part of a hearing instrument; [.]
(4) an [(b) An] audiologist or an audiology intern
licensed under Chapter 401, except as may otherwise be provided by
the following provisions which refer to Chapter 401:
(A) Section 402.051(a)(1);
(B) Section 402.202(b);
(C) Section 402.252;
(D) Section 402.255(a);
(E) Section 402.406(a); and
(F) Section 402.451(a)(6); and [is exempt from
this chapter.]
(5) a [(c) A] student of audiology in an accredited
college or university program, [is exempt from this chapter] if the
student's activities and services are part of the student's
supervised course of study or practicum experience.
(b) A [The] student described by Subsection (a)(5) is
subject to Chapter 401.
SECTION 2. Section 402.202(b), Occupations Code, is amended
to read as follows:
(b) A person licensed under Chapter 401 as an audiologist or
an audiology intern who is applying for a license under this chapter
is exempt from the examination required under this chapter but must
comply with all other requirements under this chapter.
SECTION 3. Sections 402.207(a) and (c), Occupations Code,
are amended to read as follows:
(a) The committee shall issue an apprentice permit to fit
and dispense hearing instruments to a temporary training permit
holder who has:
(1) passed all parts of the examination [with a score
of 70 percent or greater];
(2) paid the required fees; and
(3) met all requirements of this chapter.
(c) An apprentice permit holder shall work under the
supervision of a licensed hearing instrument dispenser for at least
one year. During the apprentice year, the apprentice permit holder
shall complete 20 [18] hours of classroom continuing education as
required by Section 402.303 for a license holder [in subjects
required by the committee].
SECTION 4. Section 402.209, Occupations Code, is amended to
read as follows:
Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER
STATE [LICENSING BY RECIPROCITY]. (a) A person licensed to fit and
dispense hearing instruments in another state may apply for a
license under this chapter by submitting an application on a form
prescribed by the committee. [On application, the committee shall
waive the examination requirement and issue a license under this
chapter to a license holder from another state or territory whose
licensing requirements are equal to or greater than the licensing
requirements of this chapter.]
(b) An applicant for a license under this section must
complete the application form completely and accurately. The
committee may not consider an incomplete application. If an
applicant fails to provide any information required on the
application form, the committee shall send the applicant a notice
of deficiency that explains the additional information that must be
submitted before the committee may review the application. [An
application for a license under this section must:
[(1) be in writing and on a form prescribed by the
committee;
[(2) be accompanied by documentation showing that the
state, territory, or other authority under which the applicant was
practicing has minimum requirements equal to or greater than the
requirements of this chapter; and
[(3) be filed with the committee.]
(c) The committee shall require an applicant for a license
under this section to provide as part of the application:
(1) written verification that the applicant is
licensed in good standing as a fitter and dispenser of hearing
instruments in another state and has held the license for at least
three years preceding the date of application;
(2) written verification that:
(A) the requirements to obtain a license to fit
and dispense hearing instruments in the state in which the
applicant is licensed include passing an examination approved by
the committee by rule; or
(B) the applicant holds a certification from a
professional organization approved by the committee by rule;
(3) affirmation that the applicant is a resident of
this state;
(4) a written statement from the licensing entity in
the state in which the applicant is licensed that details any
disciplinary action taken by the entity against the applicant; and
(5) a statement of the applicant's criminal history
acceptable to the committee [In addition to any other documentation
required by the committee, the committee shall request all written
records regarding the applicant from the state, territory, or other
authority under which the applicant was practicing, including:
[(1) a copy of the written examination;
[(2) the practicum examination;
[(3) the outline of the oral examination; and
[(4) any other information necessary for the
committee's decision].
(d) The committee may deny an application under this section
based on the applicant's criminal history or history of
disciplinary action.
(e) If the committee approves an application, on the next
regularly scheduled examination date the applicant may take the
practical section of the examination required under Section 402.202
and a written examination of Texas law administered by the
committee. If the applicant passes the examinations required under
this section, the committee shall issue to the applicant a license
under this chapter.
(f) The committee may allow an applicant under this section
who satisfies all application requirements other than the
requirement under Subsection (c)(2) to take all sections of the
examination required under Section 402.202. If the applicant passes
the examination, the committee shall issue to the applicant a
license under this chapter.
(g) An applicant under this section who fails an examination
may request in writing, not later than the 30th day after the date
the committee sends the applicant notice of the examination
results, that the committee furnish the applicant with an analysis
of the applicant's performance on the examination.
(h) An applicant under this section who fails an examination
may not retake the examination under this section. The person must
comply with the requirements for an applicant for an original
license under this chapter.
(i) The committee may not issue a license under this section
to an applicant who is a licensed audiologist in another state. The
committee shall refer the applicant to the State Board of Examiners
for Speech-Language Pathology and Audiology.
SECTION 5. Section 402.251, Occupations Code, is amended to
read as follows:
Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
(a) The committee shall issue a temporary training permit to a
person who:
(1) has never taken the examination administered under
this chapter;
(2) possesses the qualifications required under
Section 402.203(a);
(3) submits a written application on a form provided
by the committee furnishing sworn evidence that the applicant[:
[(A)] satisfies the requirements of Subdivisions
(1) and (2); and
[(B) has never held a temporary training permit
in this state; and]
(4) pays the temporary training permit fee.
(b) The committee may issue a new temporary training permit
under this section to a person on or after the 365th day after the
person's previous temporary training permit expired.
SECTION 6. Section 402.252, Occupations Code, is amended to
read as follows:
Sec. 402.252. SUPERVISION AFFIDAVIT. (a) An application
for a temporary training permit must be accompanied by the
affidavit of a person licensed to fit and dispense hearing
instruments under this chapter or Chapter 401, other than a person
licensed under Section 401.311 or 401.312 [in this state].
(b) The affidavit must state that:
(1) the applicant, if granted a temporary training
permit, will be supervised by the affiant in all work done by the
applicant under the temporary training permit; [and]
(2) the affiant will notify the committee not later
than the 10th day after the date of the applicant's termination of
supervision by the affiant; and
(3) if the affiant is licensed under Chapter 401, the
affiant will comply with all provisions of this chapter and rules
adopted under this chapter that relate to the supervision and
training of a temporary training permit holder.
SECTION 7. Section 402.255(a), Occupations Code, is amended
to read as follows:
(a) A supervisor of a temporary training permit holder must:
(1) be [a] licensed to fit and dispense hearing
instruments under [instrument dispenser having the qualifications
established by] this chapter or Chapter 401, other than Section
401.311 or 401.312;
(2) currently practice in [and:
[(1) have] an established place of business; and
(3) [(2)] be responsible for the direct supervision
and education of a temporary training permit holder.
SECTION 8. Section 402.301, Occupations Code, is amended by
amending Subsections (a) and (e) and adding Subsection (f) to read
as follows:
(a) A license under this chapter is valid for two years [one
year]. The committee shall renew the license every two years
[annually] on payment of the renewal fee unless the license is
suspended or revoked.
(e) A person whose license has been expired for two years or
more may not renew the license. The person may obtain a new license
by [submitting to reexamination and] complying with the
requirements and procedures for obtaining an original license.
(f) The committee may not renew a license unless the license
holder provides proof that all equipment that is used by the license
holder to produce a measurement in the testing of hearing acuity has
been properly calibrated or certified by a qualified technician.
SECTION 9. Section 402.403, Occupations Code, is amended to
read as follows:
Sec. 402.403. WRITTEN CONTRACT [BILL OF SALE]. The owner of
a hearing instrument fitting and dispensing practice [(a) A
license holder] shall ensure that each client receives a written
contract at the time of purchase of a hearing instrument that
contains [provide a bill of sale to each person supplied with a
hearing instrument by the license holder or under the license
holder's direction.
[(b) The bill of sale must contain]:
(1) the [license holder's] signature of the license
holder who dispensed the hearing instrument;
(2) the [license holder's] printed name of the license
holder who dispensed the hearing instrument;
(3) the address of the [license holder's] principal
office of the license holder who dispensed the hearing instrument;
(4) the [license holder's] license number of the
license holder who dispensed the hearing instrument;
(5) a description of the make and model of the hearing
instrument;
(6) the amount charged for the hearing instrument;
[and]
(7) a statement of whether the hearing instrument is
new, used, or rebuilt;
(8) notice of the 30-day trial period under Section
402.401; and
(9) the name, mailing address, and telephone number of
the committee.
SECTION 10. Section 402.406, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) All of the business's records and contracts are solely
the property of the person who owns the business.
SECTION 11. Section 402.501, Occupations Code, is amended
to read as follows:
Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. The committee may refuse to issue or renew a license,
revoke or suspend a license or permit, place on probation a person
whose license or permit has been suspended, or reprimand a license
or permit holder who:
(1) makes a material misstatement in furnishing
information to the committee or to another state or federal agency;
(2) violates this chapter or a rule adopted under this
chapter;
(3) is convicted of a felony or misdemeanor that
includes dishonesty as an essential element or of a crime directly
related to the practice of fitting and dispensing hearing
instruments;
(4) makes a misrepresentation for the purpose of
obtaining or renewing a license, including falsifying the
educational requirements under this chapter;
(5) is professionally incompetent or engages in
malpractice or dishonorable, unethical, or unprofessional conduct
that is likely to deceive, defraud, or harm the public;
(6) aids or assists another person in violating this
chapter or a rule adopted under this chapter;
(7) does not provide information in response to a
written request made by the board within 60 days;
(8) directly or indirectly knowingly employs, hires,
procures, or induces a person not licensed under this chapter to fit
and dispense hearing instruments unless the person is exempt under
this chapter;
(9) aids a person not licensed under this chapter in
the fitting or dispensing of hearing instruments unless the person
is exempt under this chapter;
(10) is habitually intoxicated or addicted to a
controlled substance;
(11) directly or indirectly gives to or receives from
a person a fee, commission, rebate, or other form of compensation
for a service not actually provided;
(12) violates a term of probation;
(13) wilfully makes or files a false record or report;
(14) has a physical illness that results in the
inability to practice the profession with reasonable judgment,
skill, or safety, including the deterioration or loss of motor
skills through aging;
(15) solicits a service by advertising that is false
or misleading;
(16) participates in subterfuge or misrepresentation
in the fitting or dispensing of a hearing instrument;
(17) knowingly advertises for sale a model or type of
hearing instrument that cannot be purchased;
(18) falsely represents that the service of a licensed
physician or other health professional will be used or made
available in the fitting, adjustment, maintenance, or repair of a
hearing instrument;
(19) falsely uses the term "doctor," "audiologist,"
"clinic," "clinical audiologist," "state licensed," "state
certified," "licensed hearing instrument dispenser," "board
certified hearing instrument specialist," "hearing instrument
specialist," or "certified hearing aid audiologist," or uses any
other term, abbreviation, or symbol that falsely gives the
impression that:
(A) a service is being provided by a person who is
licensed or has been awarded a degree or title; or
(B) the person providing a service has been
recommended by a government agency or health provider;
(20) advertises a manufacturer's product or uses a
manufacturer's name or trademark in a way that implies a
relationship between a license or permit holder and a manufacturer
that does not exist;
(21) directly or indirectly gives or offers to give,
or permits or causes to be given, money or another thing of value to
a person who advises others in a professional capacity as an
inducement to influence the person to influence the others to:
(A) purchase or contract to purchase products
sold or offered for sale by the license or permit holder; or
(B) refrain from purchasing or contracting to
purchase products sold or offered for sale by another license or
permit holder under this chapter;
(22) with fraudulent intent fits and dispenses a
hearing instrument under any name, including a false name or alias;
(23) does not adequately provide for the service or
repair of a hearing instrument fitted and sold by the license
holder; or
(24) violates a regulation of the federal Food and
Drug Administration or the Federal Trade Commission relating to
hearing instruments.
SECTION 12. Section 402.302, Occupations Code, is repealed.
SECTION 13. The changes in law made by this Act to Section
402.207(c), Occupations Code, apply only to the holder of an
apprentice permit issued on or after the effective date of this Act.
The holder of an apprentice permit issued before the effective date
of this Act is governed by the law in effect immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 14. The changes in law made by this Act to Section
402.209, Occupations Code, apply only to an application submitted
on or after the effective date of this Act. An application submitted
before the effective date of this Act is governed by the law in
effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 15. The changes in law made by this Act to Section
402.301(a), Occupations Code, apply only to a license that is
issued on or after the effective date of this Act. A license issued
before the effective date of this Act is governed by the law in
effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2009.