| 1 | 1 | | 84R5170 MAW-F |
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| 2 | 2 | | By: King of Uvalde H.B. No. 698 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the fitting and dispensing of hearing |
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| 8 | 8 | | instruments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 402.003, Occupations Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 402.003. APPLICABILITY OF CHAPTER. (a) Except as |
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| 13 | 13 | | provided by Subsections (b) and (c) and Section 402.451(a), this |
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| 14 | 14 | | chapter applies only to a person who engages or offers to engage in |
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| 15 | 15 | | fitting and dispensing hearing instruments. |
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| 16 | 16 | | (b) This chapter does not apply to: |
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| 17 | 17 | | (1) a person engaged in the practice of measuring |
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| 18 | 18 | | human hearing as a part of the academic curriculum of an accredited |
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| 19 | 19 | | institution of higher learning if the person or the person's |
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| 20 | 20 | | employees do not sell hearing instruments; |
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| 21 | 21 | | (2) a physician licensed by the Texas Medical Board; |
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| 22 | 22 | | (3) a person with a master's degree or doctorate in |
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| 23 | 23 | | audiology from an accredited college or university who does not |
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| 24 | 24 | | sell hearing instruments, to the extent the person engages in the |
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| 25 | 25 | | measurement of human hearing by the use of an audiometer or by any |
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| 26 | 26 | | other means to make selections and adaptations of or |
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| 27 | 27 | | recommendations for a hearing instrument and to make impressions |
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| 28 | 28 | | for earmolds to be used as part of a hearing instrument; |
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| 29 | 29 | | (4) an audiologist or an audiology intern licensed |
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| 30 | 30 | | under Chapter 401, except as may otherwise be provided by the |
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| 31 | 31 | | following provisions, which refer to Chapter 401: |
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| 32 | 32 | | (A) Section 402.051(a)(1); |
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| 33 | 33 | | (B) Section 402.202(b); |
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| 34 | 34 | | (C) Section 402.252; |
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| 35 | 35 | | (D) Section 402.255(a); and |
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| 36 | 36 | | (E) Section 402.406(a); and |
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| 37 | 37 | | [(F) Section 402.451(a)(6); and] |
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| 38 | 38 | | (5) a student of audiology in an accredited college or |
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| 39 | 39 | | university program, if the student's activities and services are |
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| 40 | 40 | | part of the student's supervised course of study or practicum |
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| 41 | 41 | | experience. |
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| 42 | 42 | | (c) [(b)] A student described by Subsection (b)(5) [(a)(5)] |
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| 43 | 43 | | is subject to Chapter 401. |
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| 44 | 44 | | SECTION 2. Section 402.201, Occupations Code, is amended to |
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| 45 | 45 | | read as follows: |
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| 46 | 46 | | Sec. 402.201. LICENSE OR PERMIT REQUIRED. Unless a person |
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| 47 | 47 | | holds a license or permit issued under this chapter, the [A] person |
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| 48 | 48 | | may not: |
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| 49 | 49 | | (1) engage or offer to engage in fitting and |
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| 50 | 50 | | dispensing hearing instruments; |
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| 51 | 51 | | (2) represent that the person is authorized to fit and |
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| 52 | 52 | | dispense hearing instruments; [,] or |
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| 53 | 53 | | (3) use in connection with the person's name any |
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| 54 | 54 | | designation tending to imply that the person is authorized to |
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| 55 | 55 | | engage in the fitting and dispensing of hearing instruments[, |
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| 56 | 56 | | unless the person holds a license or is otherwise authorized to do |
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| 57 | 57 | | so under this chapter]. |
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| 58 | 58 | | SECTION 3. Section 402.451(a), Occupations Code, is amended |
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| 59 | 59 | | to read as follows: |
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| 60 | 60 | | (a) A person may not: |
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| 61 | 61 | | (1) buy, sell, or fraudulently obtain a license or aid |
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| 62 | 62 | | another person to do so; |
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| 63 | 63 | | (2) alter a license with the intent to defraud; |
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| 64 | 64 | | (3) wilfully make a false statement in an application |
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| 65 | 65 | | to the committee for a license, a temporary training permit, or the |
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| 66 | 66 | | renewal of a license; |
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| 67 | 67 | | (4) falsely impersonate a license holder; or |
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| 68 | 68 | | (5) engage in the fitting and dispensing of hearing |
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| 69 | 69 | | instruments when the person's license is suspended or revoked[; |
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| 70 | 70 | | [(6) dispense or fit a hearing instrument on a person |
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| 71 | 71 | | who has ordered the hearing instrument or device by mail unless the |
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| 72 | 72 | | person dispensing or fitting is a license holder under this chapter |
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| 73 | 73 | | or under Chapter 401; or |
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| 74 | 74 | | [(7) sell a hearing instrument by mail]. |
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| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2015. |
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