By: Goldman H.B. No. 2699
A BILL TO BE ENTITLED
AN ACT
relating to clarifying and updating examination provisions for
hearing instrument fitters and dispensers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.104, Occupations Code, is amended to
read as follows:
Sec. 402.104. POWERS AND DUTIES REGARDING EXAMINATION. (a)
The department shall develop and maintain an examination that may
include a written[, oral,] or practical tests. The department
shall administer or arrange for the administration and validation
of the examination.
(b) [The examination shall be administered at least twice
each year.
[(c) The examination must be validated by an independent
testing professional.
[(d)] The practical test [examination] must be administered
by one or more qualified proctors selected and assigned by the
department.
(c) [(e)] The commission by rule shall establish the
qualifications for a proctor. The rules must:
(1) require a proctor to be licensed in good standing
as a hearing instrument fitter and dispenser;
(2) specify the number of years a proctor must be
licensed as a hearing instrument fitter and dispenser; and
(3) specify the disciplinary actions or other actions
that disqualify a person from serving as a proctor.
SECTION 2. Section 402.204(a), Occupations Code, is amended
to read as follows:
Sec. 402.204. CONTENTS OF EXAMINATION. (a) The
examination must consist of written and [, oral, or] practical
tests that are objective in method and applied in a consistent
manner.
SECTION 3. Section 402.205, Occupations Code, is amended to
read as follows:
Sec. 402.205. EXAMINATION PROCEDURES. (a) The department
or the department's designee shall give each applicant due notice
of the date and place of the examination and the subjects, areas,
and skills that will be included in the examination. A change may
not be made in those subjects, areas, and skills after the date of
the examination has been announced and publicized.
(b) An examination shall be conducted in writing and by
other means the department determines adequate to ascertain the
qualifications of applicants.
(c) An [On reexamination, an] applicant who previously
failed an examination or test [an examination] may retake the
examination or test.
(d) An applicant who previously failed a practical test may
be retested [be examined] only on those portions of the practical
test [examination] that the applicant failed.
SECTION 4. Section 402.207(a), Occupations Code, is amended
to read as follows:
Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The
department shall issue an apprentice permit to fit and dispense
hearing instruments to a temporary training permit holder who has:
(1) passed the required [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.
SECTION 5. Section 402.209 (e) and (f), Occupations Code,
are amended to read as follows:
(e) If the department approves an application, [on the next
regularly scheduled examination date] the applicant may take the
practical test [section of the examination required under Section
402.202] and a written test [examination] of Texas law administered
by the department or its designee. [If the applicant passes the
examinations required under this section, the department shall
issue to the applicant a license under this chapter.]
(f) The department 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 department shall issue to the applicant
a license under this chapter.]
SECTION 6. Section 402.203(c), Occupations Code, is
repealed.
SECTION 7. T
his Act takes effect September 1, 2019.