89R5472 RAL-F
By: Zaffirini S.B. No. 904
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of hearing instrument
fitters and dispensers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.2021, Occupations Code, is amended
to read as follows:
Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. The [With
the assistance of the advisory board and the Hearing Instrument
Fitters and Dispensers Advisory Board, the] commission shall adopt
rules to establish requirements for each sale of a hearing
instrument for purposes of this chapter and Chapter 402. The rules
must:
(1) address:
(A) the information and other provisions
required in each written contract for the purchase of a hearing
instrument;
(B) records that must be retained under this
chapter or Chapter 402; and
(C) guidelines for the 30-day trial period during
which a person may cancel the purchase of a hearing instrument; and
(2) require that the written contract and 30-day trial
period information provided to a purchaser of a hearing instrument
be in plain language designed to be easily understood by the average
consumer.
SECTION 2. Section 402.1021, Occupations Code, is amended
to read as follows:
Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. The [With
the assistance of the advisory board and the Speech-Language
Pathologists and Audiologists Advisory Board, the] commission
shall adopt rules to establish requirements for each sale of a
hearing instrument for purposes of this chapter and Chapter 401.
The rules must:
(1) address:
(A) the information and other provisions
required in each written contract for the purchase of a hearing
instrument;
(B) records that must be retained under this
chapter or Chapter 401; and
(C) guidelines for the 30-day trial period during
which a person may cancel the purchase of a hearing instrument; and
(2) require that the written contract and 30-day trial
period information provided to a purchaser of a hearing instrument
be in plain language designed to be easily understood by the average
consumer.
SECTION 3. Section 402.305, Occupations Code, is amended to
read as follows:
Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
department may renew the license of a license holder who does not
comply with the applicable continuing education requirements if the
license holder[:
[(1) was licensed for the first time during the 24
months before the reporting date; or
[(2)] submits proof from an attending physician that
the license holder suffered a serious or disabling illness or
physical disability that prevented compliance with the continuing
education requirements during the 24 months before the reporting
date.
SECTION 4. Section 402.402(a), Occupations Code, is amended
to read as follows:
(a) A licensed hearing instrument fitter and dispenser may
not sell a hearing instrument to a person under 18 years of age
unless the prospective user or a parent or guardian of the
prospective user has presented to the hearing instrument fitter and
dispenser a written statement[,] signed by a licensed physician,
including a physician who specializes [specializing] in diseases of
the ear, that states that the patient's hearing loss has been
medically evaluated and that the patient may be considered a
candidate for a hearing instrument.
SECTION 5. Section 402.402(a), Occupations Code, as amended
by this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2025.