Texas 2023 - 88th Regular

Texas Senate Bill SB2017 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2017
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of hearing aids and the practices of
6	6	audiology and the fitting and dispensing of hearing instruments.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 401.001(4-b), Occupations Code, is
9	9	amended to read as follows:
10	10	(4-b) "Fitting and dispensing hearing instruments,"
11	11	"hearing instrument," "over-the-counter hearing aid," and "sale"
12	12	have the meanings ["Hearing instrument" has the meaning] assigned
13	13	to those terms by Section 402.001.
14	14	SECTION 2. Section 401.058(a), Occupations Code, is amended
15	15	to read as follows:
16	16	(a) This chapter does not prohibit, prevent, or restrict a
17	17	person licensed under Chapter 402 from engaging in the practice of
18	18	fitting and dispensing hearing instruments.
19	19	SECTION 3. Subchapter B, Chapter 401, Occupations Code, is
20	20	amended by adding Section 401.061 to read as follows:
21	21	Sec. 401.061. OVER-THE-COUNTER HEARING AIDS. (a) Except
22	22	as provided by this section, this chapter does not apply to
23	23	servicing, marketing, selling, dispensing, providing customer
24	24	support for, acquiring, or distributing over-the-counter hearing
25	25	aids, regardless of whether the transaction occurs in person,
26	26	online, or through other means.
27	27	(b) A person is not required to obtain a license under this
28	28	chapter or Chapter 402 to engage in an activity described by
29	29	Subsection (a).
30	30	(c) A person may not use the title "licensed dispenser" or
31	31	"licensed seller" with respect to over-the-counter hearing aids or
32	32	otherwise represent that the person holds a license to sell or
33	33	dispense over-the-counter hearing aids unless the person is
34	34	licensed as an audiologist or audiologist intern under this chapter
35	35	or as a hearing instrument fitter and dispenser under Chapter 402.
36	36	(d) The supervision, prescription, order, involvement, or
37	37	intervention of a person licensed in this state is not required
38	38	under this chapter for a consumer to access over-the-counter
39	39	hearing aids.
40	40	(e) A person licensed under this chapter may service,
41	41	market, sell, dispense, provide customer support for, or distribute
42	42	over-the-counter hearing aids. These activities do not exempt a
43	43	person licensed under this chapter from any applicable provision of
44	44	this chapter or Chapter 402.
45	45	SECTION 4. Section 401.403(b), Occupations Code, is amended
46	46	to read as follows:
47	47	(b) A person who holds a license as an audiologist or
48	48	audiologist intern and who fits and dispenses hearing instruments
49	49	must:
50	50	(1) comply with rules adopted under this chapter
51	51	related to fitting and dispensing hearing instruments;
52	52	(2) comply with the federal Food and Drug
53	53	Administration rules and guidelines for fitting and dispensing
54	54	hearing instruments;
55	55	(3) when providing services in this state, use a
56	56	written contract that contains the information prescribed by
57	57	commission rule [the department's name, mailing address, telephone
58	58	number, and Internet website address]; and
59	59	(4) follow the guidelines adopted by commission rule
60	60	for a 30-day trial period on every hearing instrument purchased.
61	61	SECTION 5. Section 402.001, Occupations Code, is amended by
62	62	amending Subdivisions (4), (5), and (7) and adding Subdivisions
63	63	(4-a) and (6-a) to read as follows:
64	64	(4) "Fitting and dispensing hearing instruments"
65	65	means the measurement of human hearing by the use of an audiometer
66	66	or other means to make selections, adaptations, or sales of hearing
67	67	instruments. The term includes prescribing, ordering, or
68	68	authorizing the use of hearing instruments, the making of
69	69	impressions for earmolds to be used as a part of the hearing
70	70	instruments, and providing any necessary postfitting counseling
71	71	for the purpose of fitting and dispensing hearing instruments.
72	72	(4-a) "Hearing aid" means any wearable device designed
73	73	for, offered for the purpose of, or represented as aiding persons
74	74	with or compensating for impaired hearing. The term includes
75	75	hearing instruments and over-the-counter hearing aids.
76	76	(5) "Hearing instrument" means a prescription hearing
77	77	aid as that term is defined by 21 C.F.R. Section 800.30 [any
78	78	wearable instrument or device designed for, or represented as,
79	79	aiding, improving, or correcting defective human hearing. The term
80	80	includes the instrument's parts and any attachment, including an
81	81	earmold, or accessory to the instrument. The term does not include
82	82	a battery or cord].
83	83	(6-a) "Over-the-counter hearing aid" has the meaning
84	84	assigned by 21 C.F.R. Section 800.30.
85	85	(7) "Sale" includes a lease, rental, or any other
86	86	purchase or exchange for value [transfer of title or of the right to
87	87	use by lease, bailment, or other contract]. The term does not
88	88	include a sale at wholesale by a manufacturer to a person licensed
89	89	under this chapter or to a distributor for distribution and sale to
90	90	a person licensed under this chapter.
91	91	SECTION 6. Subchapter A, Chapter 402, Occupations Code, is
92	92	amended by adding Section 402.004 to read as follows:
93	93	Sec. 402.004. OVER-THE-COUNTER HEARING AIDS. (a) Except
94	94	as provided by this section, this chapter does not apply to
95	95	servicing, marketing, selling, dispensing, providing customer
96	96	support for, acquiring, or distributing over-the-counter hearing
97	97	aids, regardless of whether the transaction occurs in person,
98	98	online, or through other means.
99	99	(b) A person is not required to obtain a license under this
100	100	chapter or Chapter 401 to engage in an activity described by
101	101	Subsection (a).
102	102	(c) A person may not use the title "licensed dispenser" or
103	103	"licensed seller" with respect to over-the-counter hearing aids or
104	104	otherwise represent that the person holds a license to sell or
105	105	dispense over-the-counter hearing aids unless the person is
106	106	licensed as a hearing instrument fitter and dispenser under this
107	107	chapter or as an audiologist or audiologist intern under Chapter
108	108	401.
109	109	(d) The supervision, prescription, order, involvement, or
110	110	intervention of a person licensed in this state is not required
111	111	under this chapter for a consumer to access over-the-counter
112	112	hearing aids.
113	113	(e) A person licensed under this chapter may service,
114	114	market, sell, dispense, provide customer support for, or distribute
115	115	over-the-counter hearing aids. These activities do not exempt a
116	116	person licensed under this chapter from any applicable provision of
117	117	this chapter or Chapter 401.
118	118	SECTION 7. Section 402.152, Occupations Code, is amended to
119	119	read as follows:
120	120	Sec. 402.152. COMPLAINTS. (a) Each license or permit
121	121	holder under this chapter shall at all times prominently display in
122	122	the person's place of business a sign containing information about
123	123	filing a complaint as prescribed by commission rule[:
124	124	[(1) the name, mailing address, e-mail address, and
125	125	telephone number of the department; and
126	126	[(2) a statement informing consumers that a complaint
127	127	against a license or permit holder may be directed to the
128	128	department].
129	129	(b) Each written contract for services in this state of a
130	130	license holder must contain the information prescribed by
131	131	commission rule [the department's name, mailing address, e-mail
132	132	address, and telephone number].
133	133	SECTION 8. Section 402.403, Occupations Code, is amended to
134	134	read as follows:
135	135	Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing
136	136	instrument fitting and dispensing practice shall ensure that each
137	137	client receives a written contract at the time of purchase of a
138	138	hearing instrument that contains the information prescribed by
139	139	commission rule[:
140	140	[(1) the signature of the license holder who dispensed
141	141	the hearing instrument;
142	142	[(2) the printed name of the license holder who
143	143	dispensed the hearing instrument;
144	144	[(3) the address of the principal office of the
145	145	license holder who dispensed the hearing instrument;
146	146	[(4) the license number of the license holder who
147	147	dispensed the hearing instrument;
148	148	[(5) a description of the make and model of the hearing
149	149	instrument;
150	150	[(6) the amount charged for the hearing instrument;
151	151	[(7) a statement of whether the hearing instrument is
152	152	new, used, or rebuilt;
153	153	[(8) notice of the 30-day trial period under Section
154	154	402.401; and
155	155	[(9) the name, mailing address, e-mail address, and
156	156	telephone number of the department].
157	157	SECTION 9. Section 401.058(b), Occupations Code, is
158	158	repealed.
159	159	SECTION 10. Not later than December 1, 2023, the Texas
160	160	Commission of Licensing and Regulation shall adopt rules
161	161	prescribing the information required to be included:
162	162	(1) in a contract, as required by Sections 401.403(b),
163	163	402.152(b), and 402.403, Occupations Code, as amended by this Act;
164	164	and
165	165	(2) on a sign, as required by Section 402.152(a),
166	166	Occupations Code, as amended by this Act.
167	167	SECTION 11. (a) The changes in law made by this Act apply
168	168	only to a contract provided to a patient on or after December 1,
169	169	2023.
170	170	(b) The changes in law made by this Act apply only to a sign
171	171	displayed on or after December 1, 2023.
172	172	SECTION 12. This Act takes effect immediately if it
173	173	receives a vote of two-thirds of all the members elected to each
174	174	house, as provided by Section 39, Article III, Texas Constitution.
175	175	If this Act does not receive the vote necessary for immediate
176	176	effect, this Act takes effect September 1, 2023.
177	177	______________________________ ______________________________
178	178	President of the Senate Speaker of the House
179	179	I hereby certify that S.B. No. 2017 passed the Senate on
180	180	April 27, 2023, by the following vote: Yeas 30, Nays 1.
181	181	______________________________
182	182	Secretary of the Senate
183	183	I hereby certify that S.B. No. 2017 passed the House on
184	184	May 19, 2023, by the following vote: Yeas 128, Nays 15, two
185	185	present not voting.
186	186	______________________________
187	187	Chief Clerk of the House
188	188	Approved:
189	189	______________________________
190	190	Date
191	191	______________________________
192	192	Governor