SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 402.001 - Definitions
In this chapter: (1) "Advisory board" means the Hearing Instrument Fitters and Dispensers Advisory Board. (2) "Commission" means the Texas Commission of Licensing and Regulation....
SUBCHAPTER B HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD
- Texas Section 402.003 - Applicability Of Chapter
(a) This chapter does not apply to: (1) a person engaged in the practice of measuring human hearing as a part of the academic curriculum...
- Texas Section 402.051 - Advisory Board Membership
(a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1)...
- Texas Section 402.0511 - Duties Of Advisory Board
The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Amended by: Acts 2015,...
- Texas Section 402.055 - Terms; Vacancies
(a) Members of the advisory board serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year. (b) If...
- Texas Section 402.057 - Presiding Officer
The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 402.058 - Meetings
The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 402.101 - General Powers And Duties
(a) The executive director shall administer and enforce this chapter. (b) The department shall: (1) evaluate the qualifications of applicants; (2) examine applicants; and (3)...
- Texas Section 402.1021 - Rules For Hearing Instruments
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...
- Texas Section 402.1023 - Rules For Fitting And Dispensing Of Hearing Instruments By Telepractice
(a) In this section, "telepractice" means the use of telecommunications technology by a license holder for the fitting and dispensing of hearing instruments. (b) With...
- Texas Section 402.103 - False, Misleading, Or Deceptive Advertising
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S.,...
SUBCHAPTER D PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 402.104 - Powers And Duties Regarding Examination
(a) The department shall develop and maintain an examination that may include written, oral, or practical tests. The department shall administer or arrange for the...
- Texas Section 402.152 - Complaints
(a) Each license or permit holder under this chapter shall at all times prominently display in the person's place of business a sign containing: (1)...
SUBCHAPTER E LICENSE AND PERMIT REQUIREMENTS
- Texas Section 402.154 - Confidentiality Of Complaint And Disciplinary Information
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S.,...
- Texas Section 402.201 - License Or Permit Required
A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person's name any...
- Texas Section 402.202 - Examination Required
(a) To engage in fitting and dispensing hearing instruments in this state a person must pass an examination required by the department. (b) A person...
- Texas Section 402.203 - Application For Examination
(a) An applicant for examination must: (1) apply to the department in the manner and on a form prescribed by the executive director; (2) provide:...
- Texas Section 402.204 - Contents Of Examination
(a) The examination must consist of written, oral, or practical tests that are objective in method and applied in a consistent manner. (b) The examination...
- Texas Section 402.205 - Examination Procedures
(a) The department shall give each applicant due notice of the date and place of the examination and the subjects, areas, and skills that will...
- Texas Section 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 all...
- Texas Section 402.208 - Issuance Of License
The department shall issue a license to an apprentice permit holder when the department has received sufficient evidence that the apprentice permit holder has met...
- Texas Section 402.209 - Application By License Holder From Another State
(a) A person licensed to fit and dispense hearing instruments in another state may apply for a license under this chapter by submitting a completed...
SUBCHAPTER F TEMPORARY TRAINING PERMIT
- Texas Section 402.210 - Criminal History Record Information Requirement For License Issuance
(a) The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the...
- Texas Section 402.251 - Temporary Training Permit Qualifications
(a) The department shall issue a temporary training permit to a person who: (1) has never taken the examination administered under this chapter; (2) possesses...
- Texas Section 402.252 - Supervision Statement
(a) An application for a temporary training permit must be accompanied by the statement of a person licensed to fit and dispense hearing instruments under...
- Texas Section 402.253 - Expiration Of Temporary Training Permit
(a) A temporary training permit authorizes the permit holder to fit and dispense hearing instruments until the earlier of: (1) the date the permit expires;...
- Texas Section 402.254 - Guidelines For Training Of Temporary Training Permit Holders
(a) The commission by rule shall establish formal and practical education guidelines for the training of temporary training permit holders. (b) The guidelines must include...
- Texas Section 402.255 - Supervisor Requirements
(a) A supervisor of a temporary training permit holder must: (1) be licensed to fit and dispense hearing instruments under this chapter or Chapter 401,...
- Texas Section 402.256 - Authority Of Temporary Training Permit Holder
(a) A temporary training permit holder may provide routine fitting and dispensing of hearing instruments that have been ordered by the supervisor. The supervisor is...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 402.257 - Transfer To Another Supervisor
(a) On the request of a supervisor or temporary training permit holder, the department may approve a transfer of a permit holder from the permit...
- Texas Section 402.301 - License Renewal
(a) A license under this chapter is valid for two years. The department shall renew the license every two years on payment of the renewal...
- Texas Section 402.303 - Continuing Education
(a) The commission by rule shall adopt requirements for the continuing education of a license holder, including online continuing education requirements and a requirement that...
- Texas Section 402.304 - Alternatives To Continuing Education Requirement
(a) On written request to the department, a license holder may take the state examination. A license holder who pays the examination fee and passes...
- Texas Section 402.305 - Continuing Education Exemptions
The department may renew the license of a license holder who does not comply with the continuing education requirements of Section 402.303 or 402.304 if...
SUBCHAPTER H PRACTICE BY LICENSE HOLDER
- Texas Section 402.306 - Duplicate License
The department shall issue a duplicate license to a license holder whose license has been lost or destroyed. The department may prescribe the procedure and...
- Texas Section 402.351 - Display Of License
A person engaged in fitting and dispensing hearing instruments shall display the person's license in a conspicuous place in the person's principal office and, when...
- Texas Section 402.352 - Information On Prospective Amplification Candidates
A license holder shall try to obtain, personally or through a proper referral, at least the following information on each prospective candidate for amplification: (1)...
SUBCHAPTER I GENERAL BUSINESS REGULATIONS
- Texas Section 402.353 - Sound-level Measurements
(a) If audiometric testing is not conducted in a stationary acoustical enclosure, sound-level measurements must be conducted at the time of the testing to ensure...
- Texas Section 402.401 - Trial Period
The commission by rule shall establish guidelines for a 30-day trial period during which a person may cancel the purchase of a hearing instrument. Acts...
- Texas Section 402.402 - Sale To Minor
(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...
- Texas Section 402.403 - Written Contract
The owner of a hearing instrument fitting and dispensing practice shall ensure that each client receives a written contract at the time of purchase of...
- Texas Section 402.404 - Surety Bonding
(a) A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments shall file with the department security...
- Texas Section 402.405 - Recovery On Surety Bond
The purchaser of a hearing instrument may rescind the purchase and recover as provided by Section 402.404 for: (1) a material misstatement of fact or...
SUBCHAPTER J PROHIBITED PRACTICES
- Texas Section 402.406 - Ownership Of Dispensing Practice
(a) A person who owns, maintains, or operates an office or place of business in which the person employs or engages under contract a person...
- Texas Section 402.451 - Prohibited Acts
(a) A person may not: (1) buy, sell, or fraudulently obtain a license or aid another person to do so; (2) alter a license with...
SUBCHAPTER K LICENSE DENIAL AND DISCIPLINARY PROCEDURES
- Texas Section 402.453 - Treatment Of Ear Defects; Administration Of Drugs
(a) A license holder may not treat the ear in any manner for any defect or administer any drug or physical treatment unless the license...
SUBCHAPTER L PENALTIES AND OTHER ENFORCEMENT PROVISIONS
- Texas Section 402.501 - Grounds For License Denial And Disciplinary Action
The commission or executive director may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person...
- Texas Section 402.551 - Amount Of Administrative Penalty
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(106), eff. September 1, 2015. (b) The amount of an administrative penalty imposed...
- Texas Section 402.5521 - Refund For Hearing Instrument
The commission or executive director may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day...
- Texas Section 402.553 - Civil Penalty
(a) A person who violates this chapter or a rule adopted or order issued under this chapter is liable for a civil penalty not to...