84R5170 MAW-F
By: King of Uvalde H.B. No. 698
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the fitting and dispensing of hearing
instruments.
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. (a) Except as
provided by Subsections (b) and (c) and Section 402.451(a), this
chapter applies only to a person who engages or offers to engage in
fitting and dispensing hearing instruments.
(b) 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 Board;
(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 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); and
(E) Section 402.406(a); and
[(F) Section 402.451(a)(6); and]
(5) a student of audiology in an accredited college or
university program, if the student's activities and services are
part of the student's supervised course of study or practicum
experience.
(c) [(b)] A student described by Subsection (b)(5) [(a)(5)]
is subject to Chapter 401.
SECTION 2. Section 402.201, Occupations Code, is amended to
read as follows:
Sec. 402.201. LICENSE OR PERMIT REQUIRED. Unless a person
holds a license or permit issued under this chapter, the [A] person
may not:
(1) engage or offer to engage in fitting and
dispensing hearing instruments;
(2) represent that the person is authorized to fit and
dispense hearing instruments; [,] or
(3) use in connection with the person's name any
designation tending to imply that the person is authorized to
engage in the fitting and dispensing of hearing instruments[,
unless the person holds a license or is otherwise authorized to do
so under this chapter].
SECTION 3. Section 402.451(a), Occupations Code, is amended
to read as follows:
(a) A person may not:
(1) buy, sell, or fraudulently obtain a license or aid
another person to do so;
(2) alter a license with the intent to defraud;
(3) wilfully make a false statement in an application
to the committee for a license, a temporary training permit, or the
renewal of a license;
(4) falsely impersonate a license holder; or
(5) engage in the fitting and dispensing of hearing
instruments when the person's license is suspended or revoked[;
[(6) dispense or fit a hearing instrument on a person
who has ordered the hearing instrument or device by mail unless the
person dispensing or fitting is a license holder under this chapter
or under Chapter 401; or
[(7) sell a hearing instrument by mail].
SECTION 4. This Act takes effect September 1, 2015.