| 1 | 1 | | 89R5472 RAL-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 904 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the licensing and regulation of hearing instrument |
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| 10 | 10 | | fitters and dispensers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 401.2021, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. The [With |
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| 15 | 15 | | the assistance of the advisory board and the Hearing Instrument |
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| 16 | 16 | | Fitters and Dispensers Advisory Board, the] commission shall adopt |
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| 17 | 17 | | rules to establish requirements for each sale of a hearing |
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| 18 | 18 | | instrument for purposes of this chapter and Chapter 402. The rules |
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| 19 | 19 | | must: |
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| 20 | 20 | | (1) address: |
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| 21 | 21 | | (A) the information and other provisions |
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| 22 | 22 | | required in each written contract for the purchase of a hearing |
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| 23 | 23 | | instrument; |
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| 24 | 24 | | (B) records that must be retained under this |
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| 25 | 25 | | chapter or Chapter 402; and |
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| 26 | 26 | | (C) guidelines for the 30-day trial period during |
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| 27 | 27 | | which a person may cancel the purchase of a hearing instrument; and |
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| 28 | 28 | | (2) require that the written contract and 30-day trial |
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| 29 | 29 | | period information provided to a purchaser of a hearing instrument |
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| 30 | 30 | | be in plain language designed to be easily understood by the average |
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| 31 | 31 | | consumer. |
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| 32 | 32 | | SECTION 2. Section 402.1021, Occupations Code, is amended |
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| 33 | 33 | | to read as follows: |
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| 34 | 34 | | Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. The [With |
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| 35 | 35 | | the assistance of the advisory board and the Speech-Language |
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| 36 | 36 | | Pathologists and Audiologists Advisory Board, the] commission |
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| 37 | 37 | | shall adopt rules to establish requirements for each sale of a |
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| 38 | 38 | | hearing instrument for purposes of this chapter and Chapter 401. |
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| 39 | 39 | | The rules must: |
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| 40 | 40 | | (1) address: |
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| 41 | 41 | | (A) the information and other provisions |
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| 42 | 42 | | required in each written contract for the purchase of a hearing |
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| 43 | 43 | | instrument; |
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| 44 | 44 | | (B) records that must be retained under this |
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| 45 | 45 | | chapter or Chapter 401; and |
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| 46 | 46 | | (C) guidelines for the 30-day trial period during |
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| 47 | 47 | | which a person may cancel the purchase of a hearing instrument; and |
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| 48 | 48 | | (2) require that the written contract and 30-day trial |
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| 49 | 49 | | period information provided to a purchaser of a hearing instrument |
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| 50 | 50 | | be in plain language designed to be easily understood by the average |
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| 51 | 51 | | consumer. |
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| 52 | 52 | | SECTION 3. Section 402.305, Occupations Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The |
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| 55 | 55 | | department may renew the license of a license holder who does not |
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| 56 | 56 | | comply with the applicable continuing education requirements if the |
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| 57 | 57 | | license holder[: |
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| 58 | 58 | | [(1) was licensed for the first time during the 24 |
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| 59 | 59 | | months before the reporting date; or |
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| 60 | 60 | | [(2)] submits proof from an attending physician that |
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| 61 | 61 | | the license holder suffered a serious or disabling illness or |
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| 62 | 62 | | physical disability that prevented compliance with the continuing |
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| 63 | 63 | | education requirements during the 24 months before the reporting |
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| 64 | 64 | | date. |
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| 65 | 65 | | SECTION 4. Section 402.402(a), Occupations Code, is amended |
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| 66 | 66 | | to read as follows: |
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| 67 | 67 | | (a) A licensed hearing instrument fitter and dispenser may |
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| 68 | 68 | | not sell a hearing instrument to a person under 18 years of age |
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| 69 | 69 | | unless the prospective user or a parent or guardian of the |
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| 70 | 70 | | prospective user has presented to the hearing instrument fitter and |
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| 71 | 71 | | dispenser a written statement[,] signed by a licensed physician, |
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| 72 | 72 | | including a physician who specializes [specializing] in diseases of |
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| 73 | 73 | | the ear, that states that the patient's hearing loss has been |
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| 74 | 74 | | medically evaluated and that the patient may be considered a |
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| 75 | 75 | | candidate for a hearing instrument. |
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| 76 | 76 | | SECTION 5. Section 402.402(a), Occupations Code, as amended |
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| 77 | 77 | | by this Act, applies only to conduct that occurs on or after the |
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| 78 | 78 | | effective date of this Act. Conduct that occurs before the |
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| 79 | 79 | | effective date of this Act is governed by the law in effect on the |
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| 80 | 80 | | date the conduct occurred, and the former law is continued in effect |
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| 81 | 81 | | for that purpose. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2025. |
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