1-1  By:  Wentworth                                         S.B. No. 953
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 26, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 26, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief                                       x   
   1-13        Nelson                                         x   
   1-14        Patterson                                      x   
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 953                By:  Wentworth
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the licensing of persons who fit and dispense hearing
   1-22  instruments; providing administrative penalties.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 1, Chapter 366, Acts of the 61st
   1-25  Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
   1-26  Texas Civil Statutes), is amended to read as follows:
   1-27        Sec. 1.  Definitions.  In this Act, unless the context
   1-28  requires a different definition:
   1-29              (1) <(a)>  "Board" means the Texas Board of Health
   1-30  <Examiners in the Fitting and Dispensing of Hearing Aids>.
   1-31              (2) <(b)>  "License" means license issued by the
   1-32  committee <Board> under this Act to a person authorized to fit and
   1-33  dispense hearing instruments <aids>.
   1-34              (3) <(c)>  "Temporary training permit <Training
   1-35  Permit>" means a permit issued by the committee <Board> to persons
   1-36  authorized to fit and dispense hearing instruments <aids> only
   1-37  under the direct supervision of a person who holds a license under
   1-38  this Act.
   1-39              (4) <(d)>  "Hearing instrument <aid>" means any
   1-40  wearable instrument or device designed for, or represented as,
   1-41  aiding, improving or correcting defective human hearing, but as
   1-42  used herein shall not <mean repair services, replacements for
   1-43  defective parts and shall not> include batteries or<,> cords <and
   1-44  accessories>.  The term includes the instrument's parts,
   1-45  attachments, including earmolds, and accessories.
   1-46              (5) <(e)>  "Sell" or "sale" includes a transfer of
   1-47  title or of the right to use by lease, bailment, or any other
   1-48  contract.  Provided, for the purpose of this Act, the term "sell"
   1-49  or "sale" shall not include sales at wholesale by manufacturers to
   1-50  persons licensed under this Act, or to distributors for
   1-51  distribution and sale to persons licensed under this Act.
   1-52              (6) <(f)>  "Fitting and dispensing <Dispensing> hearing
   1-53  instruments <aids>" means the measurement of human hearing by the
   1-54  use of an audiometer or by any means for the purpose of making
   1-55  selections, adaptations, or <and/or> sales of hearing instruments
   1-56  <aids>.  The term <also> includes the <sale of hearing aids, and
   1-57  the> making of impressions for earmolds to be used as a part of the
   1-58  hearing instrument and any necessary postfitting counseling for the
   1-59  purpose of fitting and dispensing hearing instruments <aid>.
   1-60              (7) <(g)>  "30-day trial period" means the period in
   1-61  which a person may cancel the purchase of a hearing instrument
   1-62  <aid>.
   1-63              (8)  "Committee" means the State Committee of Examiners
   1-64  in the Fitting and Dispensing of Hearing Instruments.
   1-65              (9)  "Department" means the Texas Department of Health.
   1-66              (10)  "Person" means an individual, corporation,
   1-67  partnership, or other legal entity.
   1-68              (11)  "Apprentice permit" means a permit issued by the
    2-1  committee to a person who meets the requirements of Section 9A of
    2-2  this Act.
    2-3              (12)  "Supervisor" means a licensed hearing instrument
    2-4  dispenser who has an established place of business, is responsible
    2-5  for the direct supervision and education of a temporary training
    2-6  permit holder, and meets the qualifications established by this
    2-7  Act.
    2-8              (13)  "Direct supervision" means the physical presence
    2-9  of the supervisor any time a temporary permit holder is engaged in
   2-10  services related to the fitting, dispensing, and sales of hearing
   2-11  instruments.
   2-12        SECTION 2.  Chapter 366, Acts of the 61st Legislature,
   2-13  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
   2-14  Civil Statutes), is amended by adding Section 1A to read as
   2-15  follows:
   2-16        Sec. 1A.  POLICY.  It is the policy of this state to:
   2-17              (1)  safeguard the health and welfare of the
   2-18  communicatively handicapped people of this state from the
   2-19  dispensing of hearing instruments by unskilled or unprincipled
   2-20  practitioners;
   2-21              (2)  establish and enforce standards of practitioner
   2-22  competency;
   2-23              (3)  provide regulatory authority over practitioners
   2-24  offering hearing instrument dispensing services to the public; and
   2-25              (4)  ensure professional ethical conduct in the
   2-26  dispensing of hearing aid devices or instruments.
   2-27        SECTION 3.  Section 2, Chapter 366, Acts of the 61st
   2-28  Legislature, Regular Session, 1969 (Article 4566-1.02, Vernon's
   2-29  Texas Civil Statutes), is amended to read as follows:
   2-30        Sec. 2.  COMMITTEE MEMBERSHIP <BOARD OF EXAMINERS>.  (a)  The
   2-31  State Committee <Texas Board> of Examiners in the Fitting and
   2-32  Dispensing of Hearing Instruments <Aids> is within the Texas
   2-33  Department of Health and is <hereby created.  The Board shall be>
   2-34  composed of nine members appointed by the governor <Governor> with
   2-35  the advice and consent of the senate <Senate>.  Appointments shall
   2-36  be made without regard to the race, creed, sex, religion, or
   2-37  national origin of the appointees.  The committee <Board> members
   2-38  must have the following qualifications<, to-wit>:
   2-39              (1)  six committee <Five of such> members must <shall>
   2-40  possess a hearing instrument dispenser's license under this Act
   2-41  <the necessary qualifications to fit and dispense hearing aids in
   2-42  this state> and have been residents of this state actually engaged
   2-43  in fitting and dispensing hearing instruments <aids> for at least
   2-44  five years <immediately> preceding their appointment; a person
   2-45  licensed under Chapter 381, Acts of the 68th Legislature, Regular
   2-46  Session, 1983 (Article 4512j, Vernon's Texas Civil Statutes), and
   2-47  its subsequent amendments, is not eligible to serve as a member of
   2-48  the committee<.  No more than two of such five members shall be
   2-49  employed by, franchised by, or associated exclusively with the same
   2-50  hearing aid manufacturer>;
   2-51              (2)  two committee <Two Board> members must be members
   2-52  of the general public, each of whom<.  A person> is eligible for
   2-53  appointment as a public member only if the person and the person's
   2-54  spouse are not licensed by an occupational regulatory agency in the
   2-55  field of health care; are not employed by and do not participate in
   2-56  the management of a business entity or other organization that
   2-57  provides health-care services or that sells, manufactures, or
   2-58  distributes health-care supplies or equipment; and do not own,
   2-59  control, or have, directly or indirectly, an interest in a business
   2-60  entity or other organization that provides health-care services or
   2-61  that sells, manufactures, or distributes health-care supplies or
   2-62  equipment; and
   2-63              (3)  one committee member must <One of such members
   2-64  shall> be a citizen of the United States and a resident of this
   2-65  state for <a period of> at least two years <immediately> preceding
   2-66  the person's <his> appointment, <shall> be an active practicing
   2-67  physician or surgeon <duly> licensed to practice in this state by
   2-68  the Texas State Board of Medical Examiners, and specialize in the
   2-69  practice of otolaryngology and may <.  Such member shall> not have
   2-70  a financial interest in a hearing instrument <aid> manufacturing
    3-1  company or a wholesale or retail hearing instrument <aid> company<;
    3-2  and>
    3-3              <(4)  One of such members shall be a citizen of the
    3-4  United States and a resident of this state for a period of at least
    3-5  two years immediately preceding his appointment and shall be an
    3-6  active practicing audiologist.  Such member shall not have a
    3-7  financial interest in a hearing aid manufacturing company or a
    3-8  wholesale or retail hearing aid company>.
    3-9        (b)  One who has served two full consecutive terms on the
   3-10  committee is <Board shall> not <be> eligible for a reappointment to
   3-11  the committee <Board> for <a period of> 12 months immediately
   3-12  following the expiration of the second full term.
   3-13        (c)  In the event of death, resignation, or removal of any
   3-14  members, the vacancy of the unexpired terms shall be filled by the
   3-15  governor <Governor> in the same manner as other appointments.  Each
   3-16  appointee to the committee <Board> shall, within 15 days after
   3-17  <from> the date of <his> appointment, qualify by taking the
   3-18  constitutional oath of office.  Upon presentation of the <such>
   3-19  oath, the secretary of state <Secretary of State> shall issue
   3-20  commissions to appointees as evidence of their authority to act as
   3-21  members of the committee <Board>.
   3-22        (d)  Members hold office for staggered terms of six years,
   3-23  and each member shall continue until a successor is appointed and
   3-24  qualifies.
   3-25        (e)  <The Board shall be represented by the Attorney General
   3-26  and the District and County Attorneys of the state.>
   3-27        <(f)>  A person who is required to register as a lobbyist
   3-28  under Chapter 305, Government Code, may not serve as a member of
   3-29  the committee <Board> or act as the general counsel to the
   3-30  committee <Board>.
   3-31        (f) <(g)>  A member or employee of the committee <Board> may
   3-32  not be an officer, employee, or paid consultant of a statewide or
   3-33  national trade association in the hearing instrument <aid>
   3-34  industry.  A member or employee of the committee <Board> may not be
   3-35  related within the second degree by affinity or consanguinity, as
   3-36  determined under Article 5996h, Revised Statutes, to a person who
   3-37  is an officer, employee, or paid consultant of a statewide or
   3-38  national trade association in the regulated industry.
   3-39        (g) <(h)>  It is a ground for removal from the committee
   3-40  <Board> if a member:
   3-41              (1)  does not have at the time of appointment the
   3-42  qualifications required by Subsection (a) of this section for
   3-43  appointment to the committee <Board>;
   3-44              (2)  does not maintain during his service on the
   3-45  committee <Board> the qualifications required by Subsection (a) of
   3-46  this section for appointment to the committee <Board>;
   3-47              (3)  violates a prohibition established by Subsection
   3-48  (e) or (f) <or (g)> of this section; or
   3-49              (4)  fails to attend at least half of the regularly
   3-50  scheduled committee <Board> meetings held in a calendar year,
   3-51  excluding meetings held while the person was not a committee
   3-52  <Board> member.
   3-53        (h) <(i)>  The validity of an action of the committee <Board>
   3-54  is not affected by the fact that it was taken when a ground for
   3-55  removal of a member of the committee <Board> existed.
   3-56        (i) <(j)>  The State Committee <Texas Board> of Examiners in
   3-57  the Fitting and Dispensing of Hearing Instruments <Aids> is subject
   3-58  to Chapter 325, Government Code (Texas Sunset Act).  Unless
   3-59  continued in existence as provided by that chapter, the committee
   3-60  <board> is abolished and this Act expires September 1, 2005 <1993>.
   3-61        (j) <(k)>  The committee <Board> is subject to the open
   3-62  meetings law, Chapter 271, Acts of the 60th Legislature, Regular
   3-63  Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
   3-64  Statutes), and the Administrative Procedure and Texas Register Act,
   3-65  as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
   3-66        SECTION 4.  Section 3, Chapter 366, Acts of the 61st
   3-67  Legislature, Regular Session, 1969 (Article 4566-1.03, Vernon's
   3-68  Texas Civil Statutes), is amended to read as follows:
   3-69        Sec. 3.  COMMITTEE <BOARD> ORGANIZATION AND MEETINGS.
   3-70  (a)  Within 60 days after <their> appointment and qualification the
    4-1  initial committee <Board> shall hold its first meeting and elect a
    4-2  president and vice-president <President, Vice-President, and
    4-3  Secretary-Treasurer>.  The term of office for all officers of the
    4-4  committee <Board> shall be for a period of one year.
    4-5        (b)  The committee <Board> shall hold regular meetings at
    4-6  least twice a year <at which an examination of applicants for
    4-7  license shall be given>.  Special meetings of the committee <Board>
    4-8  shall be held upon request of a majority of the members or upon the
    4-9  call of the president <President>.  A majority of the committee
   4-10  <Board> shall constitute a quorum <for the transaction of business
   4-11  and should a quorum not be present on the day appointed for any
   4-12  meeting, those present may adjourn from day to day until a quorum
   4-13  be present provided such period shall not be longer than three
   4-14  successive days>.
   4-15        SECTION 5.  Section 4, Chapter 366, Acts of the 61st
   4-16  Legislature, Regular Session, 1969 (Article 4566-1.04, Vernon's
   4-17  Texas Civil Statutes), is amended to read as follows:
   4-18        Sec. 4.  POWERS AND DUTIES OF THE COMMITTEE <BOARD>.
   4-19  (a)  Subject to the approval of the board, the committee <The
   4-20  Board> shall have the power to make <such> procedural rules
   4-21  consistent with this Act as may be necessary for the performance of
   4-22  its duties.
   4-23        (b)  The committee <Board> shall have the power to appoint
   4-24  subcommittees <committees> from its own membership<, the duties of
   4-25  which shall be> to consider <such> matters<,> pertaining to the
   4-26  enforcement of this Act<,> as shall be referred to the
   4-27  subcommittees by the committee.  The subcommittees <said
   4-28  committees, and they> shall make recommendations to the committee
   4-29  <Board in respect thereto>.
   4-30        (c)  With the assistance of the department, the committee
   4-31  shall:
   4-32              (1)  administer, coordinate, and enforce the provisions
   4-33  of this Act;
   4-34              (2)  evaluate the qualifications of applicants;
   4-35              (3)  examine applicants; and
   4-36              (4)  issue subpoenas, examine witnesses, and administer
   4-37  oaths under the laws of this state.
   4-38        (d)  The committee shall conduct hearings and keep records
   4-39  and minutes necessary to the orderly administration <The Board
   4-40  shall have the power to employ the services of stenographers,
   4-41  inspectors, agents, attorneys, and other necessary assistants in
   4-42  carrying out the provisions> of this Act with the assistance of the
   4-43  department and subject to the Administrative Procedure and Texas
   4-44  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
   4-45  its subsequent amendments.
   4-46        (e)  The board, with the aid of the department, shall
   4-47  investigate a person that engages in practices that violate this
   4-48  Act.
   4-49        (f)  A license holder under this Act is subject to the rules
   4-50  adopted by the committee and approved by the board under this Act.
   4-51        (g)  The committee by rule shall adopt requirements for the
   4-52  continuing education of a license holder under this Act.  The
   4-53  committee shall approve not less than five hours of specific
   4-54  courses of instruction annually.
   4-55        <(d)  The Board, by majority vote, shall have the power to
   4-56  issue subpoenas and subpoenas duces tecum to compel the attendance
   4-57  of witnesses and the production of books, records and documents, to
   4-58  administer oaths and to take testimony concerning all matters
   4-59  within its jurisdiction.>
   4-60        <(e)  The Board shall have the right to institute an action
   4-61  in its own name to enjoin the violation of any of the provisions of
   4-62  this Act.  Said action for injunction shall be in addition to any
   4-63  other action, proceeding or remedy authorized by law.>
   4-64        <(f)  The Board is charged with the duty of aiding in the
   4-65  enforcement of this Act, and any member of the Board may present to
   4-66  the Attorney General or a County or District Attorney of this state
   4-67  complaints relating to violations of any provision of this Act; and
   4-68  the Board through the members, officers, counsel, and agents may
   4-69  assist in the trial of any case involving alleged violations of
   4-70  this Act, subject to the control of the Attorney General, County
    5-1  Attorney, or District Attorney charged with the responsibility of
    5-2  prosecuting such case.>
    5-3        <(g)  Before entering upon the discharge of the duties of
    5-4  such office, the Secretary-Treasurer of the Board shall give such
    5-5  bond for the performance of this duty as the Board may require, the
    5-6  premium of such bond is to be paid from any available funds.>
    5-7        <(h)  The Board shall adopt an official seal and the form of
    5-8  a license of suitable design and shall have an office where all the
    5-9  permanent records shall be kept.>
   5-10        <(i)  The Board by rule shall adopt requirements for the
   5-11  continuing education of licensees under this Act in subjects
   5-12  pertaining to the fitting and dispensing of hearing aids.  The
   5-13  Board by rule may approve specific courses of instruction or
   5-14  establish minimum content requirements of courses of continuing
   5-15  professional education and provide programs for continuing
   5-16  education.>
   5-17        SECTION 6.  Section 4A, Chapter 366, Acts of the 61st
   5-18  Legislature, Regular Session, 1969 (Article 4566-1.04A, Vernon's
   5-19  Texas Civil Statutes), is amended to read as follows:
   5-20        Sec. 4A.  COMMITTEE EMPLOYEES <PERSONNEL POLICIES>.
   5-21  <(a)>  The department shall provide administrative and clerical
   5-22  employees necessary to implement the provisions of this Act
   5-23  <President of the Board or his designee shall develop an
   5-24  intraagency career ladder program, one part of which shall be the
   5-25  intraagency posting of all nonentry level positions for at least 10
   5-26  days before any public posting.>
   5-27        <(b)  The President of the Board or his designee shall
   5-28  develop a system of annual performance evaluations based on
   5-29  measurable job tasks.  All merit pay for Board employees must be
   5-30  based on the system established under this subsection.>
   5-31        <The Board may recognize, prepare, or carry out continuing
   5-32  education programs for its licensees.  Participation in the
   5-33  programs is voluntary>.
   5-34        SECTION 7.  Section 5, Chapter 366, Acts of the 61st
   5-35  Legislature, Regular Session, 1969 (Article 4566-1.05, Vernon's
   5-36  Texas Civil Statutes), is amended to read as follows:
   5-37        Sec. 5.  SEAL AND AUTHENTICATION OF Records. <(a)>  The
   5-38  committee <Board> shall adopt a seal that the committee shall use
   5-39  to authenticate its proceedings <preserve an accurate record of all
   5-40  meetings and proceedings of the Board>.
   5-41        <(b)  A record shall be kept showing the name, age and
   5-42  present legal and mailing address of each applicant for
   5-43  examination.  The record shall also show whether applicants were
   5-44  rejected or licensed and shall be prima facie evidence of all
   5-45  matters therein contained.>
   5-46        <(c)  The Secretary-Treasurer of the Board shall on or before
   5-47  March 1st of each year send a certified copy of such record to the
   5-48  Secretary of State for permanent record.  A certified copy of said
   5-49  record with the hand and seal of the Secretary-Treasurer of the
   5-50  Board to the Secretary of State, shall be admitted as evidence in
   5-51  all courts.>
   5-52        <(d)  The Board shall keep a record of each license issued
   5-53  under this Act containing the name, residence, place of business of
   5-54  the person to whom each license has been issued, and the date of
   5-55  issuance of each of such license and all information pertaining to
   5-56  renewals, revocations and suspensions of such licensee.>
   5-57        SECTION 8.  Section 6, Chapter 366, Acts of the 61st
   5-58  Legislature, Regular Session, 1969 (Article 4566-1.06, Vernon's
   5-59  Texas Civil Statutes), is amended to read as follows:
   5-60        Sec. 6.  Examination:  Application.  (a)  Except as provided
   5-61  in Subsection (h) of this section, each <Every> person desiring to
   5-62  engage in fitting and dispensing hearing instruments <aids> in this
   5-63  state must <the State of Texas shall be required to> pass an
   5-64  examination given by the committee <Texas Board of Examiners in the
   5-65  Fitting and Dispensing of Hearing Aids>.
   5-66        (b)  The applicant must <shall> make application<,
   5-67  furnishing> to the committee <Secretary-Treasurer of the Board> on
   5-68  forms to be furnished by the committee <Board>, including sworn
   5-69  evidence that the applicant <he> has attained the age of majority
   5-70  and has graduated from an accredited high school or equivalent<,>
    6-1  and providing <such> other information as the committee <Board> may
    6-2  deem necessary for the enforcement of this Act.
    6-3        (c)  The examination must <shall> consist of written, oral,
    6-4  or practical tests that are <shall be> objective in method and
    6-5  applied in a consistent manner.  The examination shall be
    6-6  administered at least twice a year.  The committee shall administer
    6-7  or arrange for the administration of a written examination.  All
    6-8  examinations shall be validated by an independent testing
    6-9  professional.  The examination must <shall> cover the following
   6-10  areas as they relate to the fitting and dispensing of hearing
   6-11  instruments <aids>:
   6-12              (1)  basic <Basic> physics of sound;
   6-13              (2)  <The> structure and function of hearing
   6-14  instruments <aids>;
   6-15              (3)  fitting <Fitting> of hearing instruments <aids>;
   6-16              (4)  pure <Pure> tone audiometry, including air
   6-17  conduction testing and bone conduction testing;
   6-18              (5)  live <Live> voice and recorded <and/or record>
   6-19  voice speech audiometry;
   6-20              (6)  masking <Masking> when indicated for air
   6-21  conduction, bone conduction, and speech;
   6-22              (7)  recording <Recording> and evaluation of audiograms
   6-23  and speech audiometry to determine the hearing instrument <aid>
   6-24  candidacy;
   6-25              (8)  selection <Selection> and adaption of hearing
   6-26  instruments, <aids and> testing of hearing instruments, and
   6-27  verification of aided hearing instrument performance <aids>; <and>
   6-28              (9)  taking <Taking> of earmold impressions;
   6-29              (10)  verification of hearing instrument fitting and
   6-30  functional gain measurements using a calibrated system;
   6-31              (11)  anatomy and physiology of the ear;
   6-32              (12)  counseling and aural rehabilitation of the
   6-33  hearing impaired for the purpose of fitting and dispensing hearing
   6-34  instruments;
   6-35              (13)  using an otoscope for the visual observation of
   6-36  the entire ear canal; and
   6-37              (14)  laws, rules, and regulations of this state and
   6-38  the United States.
   6-39        (d)  The <No part of the> examination may not test <shall
   6-40  consist of tests requiring> knowledge of the diagnosis or <and/or>
   6-41  treatment of any disease or injury to the human body.
   6-42        (e)  Each applicant shall be given due notice of the date and
   6-43  place of the examination and the subjects, areas, and <and/or>
   6-44  skills that will be included in the <within such> examination, and
   6-45  there shall be no changes in those <said> subjects, areas, and
   6-46  <and/or> skills after the date of the examination has been
   6-47  announced and publicized.  All examinations shall be conducted in
   6-48  writing and by such other means as the committee <Board> shall
   6-49  determine adequate to ascertain the qualifications of applicants.
   6-50  Upon reexamination, a person who has previously failed shall be
   6-51  examined only on those portions of the examination that the person
   6-52  <which he> failed.  Every applicant successfully passing the
   6-53  examination and meeting all the requirements of this Act shall be
   6-54  registered by the committee <Board> as possessing the
   6-55  qualifications required by this Act and shall be issued an
   6-56  apprentice permit <receive from the Board a license> to fit and
   6-57  dispense hearing instruments <aids> in this state.
   6-58        (f)  The committee <Board>, in its discretion, may refuse to
   6-59  examine an applicant who <if he> has been convicted of <a felony
   6-60  or> a misdemeanor that involved moral turpitude or a felony.
   6-61        (g)  Within 30 days after the date a licensing examination is
   6-62  administered under this Act, the committee <Board> shall notify
   6-63  each examinee of the results of the examination.  However, if an
   6-64  examination is graded or reviewed by a national testing service,
   6-65  the committee <Board> shall notify each examinee of the results of
   6-66  the examination within two weeks after the date the committee
   6-67  <Board> receives the results from the testing service.  If the
   6-68  notice of the examination results will be delayed for more than 90
   6-69  days after the examination date, the committee <Board> shall notify
   6-70  each examinee of the reason for the delay before the 90th day.  If
    7-1  requested in writing by a person who fails the licensing
    7-2  examination administered under this Act, the committee <Board>
    7-3  shall furnish the person with an analysis of the person's
    7-4  performance on the examination.
    7-5        (h)  A person who is licensed under Chapter 381, Acts of the
    7-6  68th Legislature, Regular Session, 1983 (Article 4512j, Vernon's
    7-7  Texas Civil Statutes), and its subsequent amendments, as an
    7-8  audiologist or an audiology intern is exempt from the examination.
    7-9        SECTION 9.  Section 8, Chapter 366, Acts of the 61st
   7-10  Legislature, Regular Session, 1969 (Article 4566-1.08, Vernon's
   7-11  Texas Civil Statutes), is amended to read as follows:
   7-12        Sec. 8.  Reciprocal arrangements.  (a)  On <Upon> proper
   7-13  application, the committee <Texas Board of Examiners in Fitting and
   7-14  Dispensing of Hearing Aids> shall grant a license to fit and
   7-15  dispense hearing instruments <aids> without requiring an
   7-16  examination to license holders <licentiates> of other states or
   7-17  territories having requirements equivalent to or higher than those
   7-18  in effect under <pursuant to> this Act for fitting and dispensing
   7-19  hearing instruments <aids>.
   7-20        (b)  Applications for license under the provisions of this
   7-21  section must <shall> be in writing and on <upon> a form prescribed
   7-22  by the committee <Board>.  An application <Such applications> shall
   7-23  be filed with the committee <Secretary-Treasurer of the Board>.
   7-24  The application shall be accompanied by documentation that clearly
   7-25  shows that the state, territory, or other authority under which the
   7-26  applicant was practicing has minimum requirements equivalent to or
   7-27  higher than those in effect under this Act <a license or a
   7-28  certified copy of a license to fit and dispense hearing aids,
   7-29  lawfully issued to the applicant by some other state or territory;
   7-30  and shall also be accompanied by an affidavit of the President or
   7-31  Secretary of the Board of Examiners in Fitting and Dispensing
   7-32  Hearing Aids who issued the license.  The affidavit shall recite
   7-33  that the accompanying certificate or license has not been cancelled
   7-34  or revoked, and that the statement of qualifications made in this
   7-35  application for license in Texas is true and correct>.
   7-36        (c)  In addition to any other documentation required by the
   7-37  committee, the committee shall request all written records from the
   7-38  state, territory, or authority under which the applicant was
   7-39  practicing regarding the applicant, including a copy of the written
   7-40  examination, the practicum examination, the outline of the oral
   7-41  examination, and any other information necessary for the
   7-42  committee's decision <Applicants for a license under the provisions
   7-43  of this section shall subscribe to an oath in writing which shall
   7-44  be a part of said application, stating that the license,
   7-45  certificate or authority under which the applicant fits and
   7-46  dispenses hearing aids in the state or territory from which the
   7-47  applicant is removed, was at that time of such removal in full
   7-48  force and not suspended or cancelled; that the applicant is the
   7-49  identical person to whom the said certificate or license was issued
   7-50  and that no proceeding was pending at the time of such removal, or
   7-51  at the present time pending against the applicant for the
   7-52  cancellation, suspension or revocation or such certificate or
   7-53  license in the state or territory in which the same was issued and
   7-54  that no prosecution was then or at the time of application pending
   7-55  against the applicant in any state or federal court for any offense
   7-56  under the laws of Texas which is a felony>.
   7-57        SECTION 10.  Section 9, Chapter 366, Acts of the 61st
   7-58  Legislature, Regular Session, 1969 (Article 4566-1.09, Vernon's
   7-59  Texas Civil Statutes), is amended to read as follows:
   7-60        Sec. 9.  Temporary training permit.  (a)(1)  The committee
   7-61  <Board> shall grant a temporary training permit to fit and dispense
   7-62  hearing instruments <aids> to any person applying to the committee
   7-63  <Board> who has never taken the examination provided in the Act and
   7-64  who possesses the qualifications in Subsection (b) of Section 6<,>
   7-65  of this Act, on <upon> written application to the committee.  The
   7-66  <Secretary Treasurer of the Board, the> applicant must <shall> make
   7-67  application on forms to be furnished by the committee <Board>
   7-68  furnishing sworn evidence that the applicant <he> possesses the
   7-69  qualifications contained in Subsection (b), Section 6, of this Act,
   7-70  that the applicant <he> has never taken the examination provided in
    8-1  this Act, and that the applicant <he> has never previously been
    8-2  issued in this state a temporary training permit to fit and
    8-3  dispense hearing instruments <aids by the Board>.
    8-4              (2)  Students of audiology in an accredited college or
    8-5  university program are exempt from the provisions of this Act,
    8-6  provided that their activities and services constitute a part of
    8-7  their supervised course of study or practicum experience.  Such
    8-8  students are subject to the provisions of Chapter 381, Acts of the
    8-9  68th Legislature, Regular Session, 1983 (Article 4512j, Vernon's
   8-10  Texas Civil Statutes), and its subsequent amendments.
   8-11        (b)  The application for a temporary training permit must
   8-12  <shall> be accompanied by the affidavit of a person <duly> licensed
   8-13  and qualified to fit and dispense hearing instruments <aids> in
   8-14  this state.  The accompanying affidavit must <shall> state that the
   8-15  applicant, if granted a temporary training permit, will be
   8-16  supervised by the affiant in all work done by the applicant under
   8-17  the <such> temporary training permit and<,> that the affiant will
   8-18  notify the committee <Board> within 10 days following the
   8-19  applicant's terminating of supervision by the affiant.
   8-20        (c)  A temporary training permit shall authorize the permit
   8-21  holder <thereof,> to fit and dispense hearing instruments <aids>
   8-22  for a period of one year or until the permit holder <thereof> shall
   8-23  have successfully passed the examination required for a license
   8-24  under this Act, whichever occurs first.
   8-25        (d)  A temporary training permit <shall> automatically
   8-26  becomes <become> void on the first anniversary <at the end> of the
   8-27  <period of 6 months from the> date of its issuance unless extended
   8-28  for an additional period not to exceed 6 months by the committee
   8-29  <Board>.  The committee may not <Board shall never> extend a
   8-30  temporary training permit more than one time.
   8-31        (e)  The committee <Board> shall establish educational
   8-32  guidelines, both formal and practical, for the training of
   8-33  temporary training permit holders.  The training guidelines must
   8-34  <shall> include directions to the training supervisor about the
   8-35  subject matter to be taught, length of the training <period>,
   8-36  extent of a trainee's <trainee> contact with the public, and
   8-37  responsibility of the training supervisor for direct supervision of
   8-38  all aspects of the training <period>.  A trainee shall be required
   8-39  to have at least 150 hours of directly supervised practicum that
   8-40  shall include the following:
   8-41              (1)  25 hours of puretone air conduction, bone
   8-42  conduction, and speech audiometry, recorded and live voice;
   8-43              (2)  25 hours of hearing instrument evaluations
   8-44  including sound field measurements with recorded and live voice;
   8-45              (3)  20 hours of instrument fittings with actual
   8-46  clients;
   8-47              (4)  10 hours of earmold orientation types, uses, and
   8-48  terminology;
   8-49              (5)  15 hours of earmold impressions and otoscopic
   8-50  examinations of the ear;
   8-51              (6)  15 hours of troubleshooting of defective hearing
   8-52  instruments;
   8-53              (7)  20 hours of case history with actual clients;
   8-54              (8)  10 hours of the laws governing the licensing of
   8-55  persons fitting and dispensing hearing instruments and federal Food
   8-56  and Drug Administration and Federal Trade Commission regulations
   8-57  relating to the fitting and dispensing of hearing instruments; and
   8-58              (9)  10 hours of supplemental work in one or more of
   8-59  the above areas.
   8-60        (f)  The length of the training may not be shorter than 200
   8-61  days.  The training period begins on the date of the issuance of
   8-62  the temporary permit.
   8-63        (g)  Satisfactory completion of the requirements of this
   8-64  section by a supervisor and trainee must be verified before the
   8-65  trainee may take the examination.
   8-66        (h)  A supervisor of a temporary training permit holder must
   8-67  be licensed under this Act.  Supervision of a permit holder shall
   8-68  entail direct supervision by the supervisor.  A supervisor may not
   8-69  supervise more than two trainees at any one time.
   8-70        (i)  A supervisor under this Act shall:
    9-1              (1)  be responsible for the day-to-day supervision of a
    9-2  trainee and be ultimately responsible for the service to a client
    9-3  treated by the trainee;
    9-4              (2)  provide the trainee with materials and equipment
    9-5  necessary for appropriate audiometric and hearing instrument
    9-6  evaluation and fitting procedures;
    9-7              (3)  supplement the trainee's background information
    9-8  through reading lists and other references;
    9-9              (4)  be responsible for conducting in-service training
   9-10  for the trainee;
   9-11              (5)  act as a consultant to the trainee by providing
   9-12  time for conferences for the trainee and providing a variety of
   9-13  resource materials, approaches, and techniques that are based on
   9-14  sound theory, successful practice, or documented research;
   9-15              (6)  establish goals with the trainee that are
   9-16  realistic, easily understandable, and directed toward the
   9-17  successful completion of trainee requirements;
   9-18              (7)  observe the trainee during the practicum, confer
   9-19  with the trainee following trainee contact with clients, and
   9-20  provide an opportunity for the trainee to comment on the practicum
   9-21  experience, during and after the practicum experience, either in
   9-22  writing or through conferences;
   9-23              (8)  establish that the responsibility for the
   9-24  trainee's practicum is solely that of the supervisor and that the
   9-25  daily supervision of the trainee is also the responsibility of the
   9-26  supervisor;
   9-27              (9)  assist and encourage the trainee to utilize
   9-28  supportive professional sources;
   9-29              (10)  be aware of and adhere to state and federal laws
   9-30  relating to hearing instrument fitting and dispensing; and
   9-31              (11)  be aware of and assist the trainee in fulfilling
   9-32  licensing requirements of this Act.
   9-33        (j)  A temporary training permit holder may not:
   9-34              (1)  own, manage, or independently operate a business
   9-35  that engages in the fitting or sale of hearing instruments; or
   9-36              (2)  advertise or otherwise represent that the permit
   9-37  holder holds a license as a hearing instrument dispenser.
   9-38        (k)  On the request of either a supervisor or a trainee, the
   9-39  committee may approve a transfer of a trainee from the trainee's
   9-40  supervisor to another eligible supervisor before the completion of
   9-41  training.  A transfer request must be acted on by the committee at
   9-42  the first available committee meeting after the request.  The
   9-43  committee may approve a second transfer before the completion of
   9-44  the training program only under exceptional circumstances and may
   9-45  not approve a subsequent transfer.  If a transfer is approved,
   9-46  credit may be transferred at the discretion of the committee.
   9-47        SECTION 11.  Chapter 366, Acts of the 61st Legislature,
   9-48  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
   9-49  Civil Statutes), is amended by adding Section 9A to read as
   9-50  follows:
   9-51        Sec. 9A.  APPRENTICE PERMIT.  (a)  A temporary training
   9-52  permit holder who has taken all parts of the examination given by
   9-53  the committee and has passed all parts of the examination with a
   9-54  score of 70 percent or greater shall be issued an apprentice permit
   9-55  to fit and dispense hearing instruments.  An apprentice permit
   9-56  remains valid for one year unless it is extended by the committee
   9-57  for an additional period not to exceed six months.
   9-58        (b)  An apprentice permit holder shall work under the
   9-59  supervision of a licensed hearing instrument dispenser for at least
   9-60  one year.  During the apprentice year, the apprentice permit holder
   9-61  shall complete 18 hours of classroom continuing education in
   9-62  subjects required by the committee.
   9-63        (c)  A hearing instrument dispenser's license shall be issued
   9-64  to an apprentice permit holder when the committee has received
   9-65  sufficient evidence that the apprentice permit holder has met all
   9-66  the requirements of this Act for a hearing instrument dispenser's
   9-67  license.  Audiologists and audiology interns licensed under Chapter
   9-68  381, Acts of the 68th Legislature, Regular Session, 1983 (Article
   9-69  4512j, Vernon's Texas Civil Statutes), and its subsequent
   9-70  amendments, are exempt from the provisions of this Act.
   10-1        SECTION 12.  Section 10, Chapter 366, Acts of the 61st
   10-2  Legislature, Regular Session, 1969 (Article 4566-1.10, Vernon's
   10-3  Texas Civil Statutes), is amended to read as follows:
   10-4        Sec. 10.  GROUNDS FOR DISCIPLINARY ACTIONS.  The committee
   10-5  may refuse to issue or renew a license or it may <Board shall>
   10-6  revoke or suspend a permit or license, place on probation a person
   10-7  whose permit or license has been suspended, or reprimand a permit
   10-8  <permittee> or license holder <licensee> for any of the following
   10-9  <violations>:
  10-10              (1)  making a material misstatement in furnishing
  10-11  information to the committee or to any other state or federal
  10-12  agency;
  10-13              (2)  a violation of <The temporary trainee or licensee
  10-14  is guilty of any fraud, deceit or misrepresentation in the fitting
  10-15  and dispensing of hearing aids or in his seeking of a license under
  10-16  this Act.>
  10-17              <(2)  The temporary trainee or licensee is convicted of
  10-18  a felony or a misdemeanor which involves moral turpitude.>
  10-19              <(3)  The temporary trainee or licensee is unable to
  10-20  fit and dispense hearing aids with reasonable skill and safety to
  10-21  customers by reason of incompetence, age, illness, drunkenness,
  10-22  excessive use of drugs, narcotics, chemicals, or any other type of
  10-23  material or as a result of any condition causing the temporary
  10-24  trainee or licensee to become mentally or physically incapable as
  10-25  determined by a court of competent jurisdiction.>
  10-26              <(4)  The temporary trainee or licensee has violated>
  10-27  any of the provisions of this Act or <Board> rules adopted under
  10-28  this Act;
  10-29              (3)  being convicted of a felony or misdemeanor
  10-30  containing dishonesty as an essential element or of any crime
  10-31  directly related to the practice of fitting and dispensing hearing
  10-32  instruments;
  10-33              (4)  making a misrepresentation for the purpose of
  10-34  obtaining or renewing a license, including falsification of the
  10-35  educational requirements under this Act;
  10-36              (5)  being professionally incompetent or engaging in
  10-37  malpractice or dishonorable, unethical, or unprofessional conduct
  10-38  that is likely to deceive, defraud, or harm the public;
  10-39              (6)  aiding or assisting another person in violating
  10-40  this Act or a rule adopted under this Act;
  10-41              (7)  failing to provide information in response to a
  10-42  written request made by the board within 60 days;
  10-43              (8)  <.  (5)  The licensee has> knowingly, directly or
  10-44  indirectly, employing, hiring, procuring, or inducing <employed,
  10-45  hired, procured, or induced> a person not licensed to fit and
  10-46  dispense hearing instruments <aids> in this state, to so fit and
  10-47  dispense hearing instruments unless the person is exempt under this
  10-48  Act;
  10-49              (9)  aiding or abetting <aids.>
  10-50              <(6)  The licensee aids or abets> any person not duly
  10-51  licensed under this Act in the fitting or dispensing of hearing
  10-52  instruments unless the person is exempt under this Act;
  10-53              (10)  being habitually intoxicated or addicted to a
  10-54  controlled substance;
  10-55              (11)  directly or indirectly giving to or receiving
  10-56  from a person a fee, commission, rebate, or other form of
  10-57  compensation for a service not actually rendered;
  10-58              (12)  violating a term of probation;
  10-59              (13)  willfully making or filing false records or
  10-60  reports;
  10-61              (14)  having a physical illness that results in the
  10-62  inability to practice the profession with reasonable judgment,
  10-63  skill, or safety, including the deterioration or loss of motor
  10-64  skills through the aging process;
  10-65              (15)  soliciting a service by advertising that is false
  10-66  or misleading;
  10-67              (16)  participating in subterfuge or misrepresentation
  10-68  in the fitting or dispensing of a hearing instrument;
  10-69              (17)  knowingly advertising a model or type of hearing
  10-70  instrument for sale when the advertised model or type cannot be
   11-1  purchased;
   11-2              (18)  falsely representing that the service of a
   11-3  licensed physician or other health professional will be used or
   11-4  made available in the fitting, adjustment, maintenance, or repair
   11-5  of a hearing instrument;
   11-6              (19)  using "doctor," "audiologist," "clinic,"
   11-7  "clinical audiologist," "state licensed," "state certified,"
   11-8  "licensed hearing instrument dispenser," "board certified hearing
   11-9  instrument specialist," "hearing instrument specialist," "certified
  11-10  hearing aid audiologist," or any other term, abbreviation, or
  11-11  symbol that falsely gives the impression that:
  11-12                    (A)  a service is being provided by a person who
  11-13  is licensed or has been awarded a degree or title; or
  11-14                    (B)  the person providing a service has been
  11-15  recommended by a governmental agency or health provider;
  11-16              (20)  advertising a manufacturer's product or using a
  11-17  manufacturer's name or trademark in a way that implies a
  11-18  relationship between a permit or license holder and a manufacturer
  11-19  that does not exist;
  11-20              (21)  <aids.>
  11-21              <(7)  The licensee lends, leases, rents, or in any
  11-22  other manner places his license at the disposal or in the service
  11-23  of any person not licensed to fit and dispense hearing aids in this
  11-24  state.>
  11-25              <(8)  The licensee knowingly used or caused or promoted
  11-26  the use of any advertising matter, promotional literature,
  11-27  guarantees, warranty, disseminated or published with misleading,
  11-28  deceiving or false information.  It is the intention of the
  11-29  Legislature that the provisions of this subdivision be interpreted
  11-30  insofar as possible to coincide with the orders and rules of the
  11-31  Federal Trade Commission on such subjects.>
  11-32              <(9)  The licensee represented that the service or
  11-33  advice of a person licensed to practice medicine by the Texas State
  11-34  Board of Medical Examiners is used or made available in the
  11-35  selection, fitting, adjustment, maintenance, or repair of a hearing
  11-36  aid when such representation was not true.>
  11-37              <(10)  The licensee used the term "doctor," "clinic" or
  11-38  any like words, abbreviations or symbols in the conduct of his
  11-39  business which would tend to connote that the licensee was a
  11-40  physician or surgeon.>
  11-41              <(11)  The licensee obtained or attempted to obtain
  11-42  information concerning the business of another licensee under this
  11-43  Act by bribery, or attempting to bribe an employee or agent of such
  11-44  other licensee or by the impersonation of one in authority.>
  11-45              <(12)  The licensee> directly or indirectly giving
  11-46  <gave,> or offering <offered> to give or permitting <permitted> or
  11-47  causing <caused> to be given money or anything of value to any
  11-48  person who advises others in a professional capacity as an
  11-49  inducement to influence the <such> person to influence those
  11-50  persons that the <such> person advises in a professional capacity
  11-51  to purchase or contract to purchase products sold or offered for
  11-52  sale by the permit or license holder <licensee> or to refrain from
  11-53  purchasing or contracting to purchase products sold or offered for
  11-54  sale by any other permit or license holder <licensee> under this
  11-55  Act;
  11-56              (22)  <.>
  11-57              <(13)  The licensee falsely represented to a purchaser
  11-58  that a hearing aid was "custom-made," "made to order,"
  11-59  "prescription-made" or any other representations that such hearing
  11-60  aid was specially fabricated for the purchaser.>
  11-61              <(14)  The licensee refused to accept responsibility
  11-62  for the acts of a temporary training permittee in a licensee's
  11-63  employ and under licensee's supervision.>
  11-64              <(15)  The licensee> with fraudulent intent, engaging
  11-65  <engaged> in the fitting and dispensing of hearing instruments
  11-66  <aids> under a false name or alias;
  11-67              (23)  engaging in the fitting or sale of a hearing
  11-68  instrument under a name with fraudulent intent;
  11-69              (24)  failing to provide adequately for the service or
  11-70  repair of a hearing instrument fitted and sold by the license
   12-1  holder; or
   12-2              (25)  violating a regulation of the federal Food and
   12-3  Drug Administration or the Federal Trade Commission relating to
   12-4  hearing instruments.
   12-5        SECTION 13.  Section 11, Chapter 366, Acts of the 61st
   12-6  Legislature, Regular Session, 1969 (Article 4566-1.11, Vernon's
   12-7  Texas Civil Statutes), is amended to read as follows:
   12-8        Sec. 11.  Disciplinary actions.  (a)  If the committee
   12-9  <Board> proposes to refuse a person's application for examination,
  12-10  to suspend or revoke a person's license or permit, or to probate or
  12-11  reprimand a person, the person is entitled to a hearing before the
  12-12  committee <Board>.
  12-13        (b)  The proceedings under this section are governed by the
  12-14  Administrative Procedure and Texas Register Act, as amended
  12-15  (Article 6252-13a, Vernon's Texas Civil Statutes).
  12-16        (c)  Proceedings shall be commenced by filing charges with
  12-17  the committee <Board> in writing and under oath.  The charges may
  12-18  be made by any person or persons.
  12-19        (d)  <The president of the Board shall fix a time and place
  12-20  for a hearing and shall cause a copy of the charges, together with
  12-21  a notice of the time and place fixed for the hearing to be served
  12-22  upon the applicant or licensee against whom charges have been filed
  12-23  at least 30 days prior thereto.  Service of  such charges and
  12-24  notice of hearing thereon may be given by certified mail to the
  12-25  last known address of such licensee or applicant.>
  12-26        <(e)  At the hearing, such applicant or licensee shall have
  12-27  the right to appear either personally or by counsel or both to
  12-28  produce witnesses, and to have subpoenas issued by the Board and
  12-29  cross-examine opposing or adverse witnesses.>
  12-30        <(f)  The Board shall not be bound by strict rules of
  12-31  procedure or by the laws of evidence in the conduct of its
  12-32  proceedings but the determination shall be founded upon sufficient
  12-33  legal evidence to sustain it.>
  12-34        <(g)  The Board shall determine the charges upon their
  12-35  merits.  The Board shall enter an order in the permanent records of
  12-36  the Board setting forth the findings of fact and law of the Board
  12-37  and its action thereon.  A copy of such order of the Board shall be
  12-38  mailed to such applicant or licensee to his last known address by
  12-39  certified mail.>
  12-40        <(h)  Any person whose license to fit and dispense hearing
  12-41  aids has been refused or has been cancelled, revoked or suspended
  12-42  by the Board, may, within 20 days after making and entering of such
  12-43  order, take an appeal to any district court of Travis County or any
  12-44  district court of the county of his residence.>
  12-45        <(i)  Appeal from the judgment of such district court will
  12-46  lie as other civil cases.>
  12-47        <(j)>  Upon application, the committee <Board> may reissue a
  12-48  license to fit and dispense hearing instruments <aids> to a person
  12-49  whose license has been cancelled or revoked but the <such>
  12-50  application shall not be made prior to the expiration of <a period
  12-51  of> six months after the order of cancellation or revocation has
  12-52  become final, and the <such> application shall be made in the
  12-53  <such> manner and form as the committee <Board> may require.
  12-54        SECTION 14.  Section 12, Chapter 366, Acts of the 61st
  12-55  Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
  12-56  Texas Civil Statutes), is amended to read as follows:
  12-57        Sec. 12.  Fees and expenses.  (a)  The fees for administering
  12-58  this Act shall be as follows <Board shall establish reasonable and
  12-59  necessary fees for the administration of this Act in amounts not to
  12-60  exceed>:
  12-61     1.  Temporary Training Permit                       $200    <40>
  12-62     2.  Examination Fee                                  250   <125>
  12-63     3.  Apprentice License Fee                           300
  12-64     4.  License Fee                                      220    <75>
  12-65     5  <4>.  License Renewal Fee                         440   <220>
  12-66     6  <5>.  Duplicate Document Fee <fee>                 50    <10ª
  12-67        (b)  <Every person passing the examination and meeting the
  12-68  requirements of the Board shall be notified that he is eligible for
  12-69  such license upon payment of the fee herein provided.  Such notice
  12-70  shall be by certified mail at the address given on his examination
   13-1  papers.  The fee for issuance of such license must be paid by the
   13-2  applicant within 90 days after having been notified.  Failure to
   13-3  pay such fee within such time shall constitute a waiver of the
   13-4  right to such person to obtain his license.>
   13-5        <(c)>  The committee <Secretary-Treasurer  of the Board>
   13-6  shall, every third work day <on or before the 10th day of each
   13-7  month>, remit to the state treasurer <State Treasurer> all of the
   13-8  fees collected by the committee <Board> during the preceding month
   13-9  for deposit in the general revenue fund <General Revenue Fund>.
  13-10        (c) <(d)  Each member of the Board is entitled to a per diem
  13-11  as set by legislative appropriation for each day that the member
  13-12  engages in the business of the Board.  A member may not receive any
  13-13  compensation for travel expenses, including expenses for meals and
  13-14  lodging, other than transportation expenses.  A member is entitled
  13-15  to compensation for transportation expenses as prescribed by the
  13-16  General Appropriations Act.  The travel expenses allowance for
  13-17  members of the Board and its employees shall be provided in the
  13-18  General Appropriations Act.  The executive director of the Board
  13-19  shall be allowed his actual expenses incurred while traveling on
  13-20  official business for the Board.>
  13-21        <(e)  The number of days for which compensation may be paid
  13-22  to members of the Board shall not exceed two days in any calendar
  13-23  month except in those months in which examinations are held, but
  13-24  compensations may never be allowed to exceed six days in those
  13-25  months in which examinations are held.>
  13-26        <(f)  The Board may authorize all necessary disbursements to
  13-27  carry out the provisions of this Act, including payment of the
  13-28  premium on the bond of the Secretary-Treasurer, stationery
  13-29  expenses, purchase and maintain or rent equipment and facilities
  13-30  necessary to carry out the examinations of applications for
  13-31  license; pay for printing of all licenses; rent and furnish an
  13-32  office to maintain the permanent records of the Board.>
  13-33        <(g)>  Funds for the administration of this Act shall be
  13-34  provided by the General Appropriations Act from the general revenue
  13-35  fund <General Revenue Fund>.  The financial transactions of the
  13-36  committee <Board> are subject to audit by the state auditor in
  13-37  accordance with Chapter 321, Government Code.
  13-38        SECTION 15.  Section 12A, Chapter 366, Acts of the 61st
  13-39  Legislature, Regular Session, 1969 (Article 4566-1.12A, Vernon's
  13-40  Texas Civil Statutes), is amended to read as follows:
  13-41        Sec. 12A.  FALSE, MISLEADING, OR DECEPTIVE Advertisements.
  13-42  (a)  The committee <Board> may not adopt rules restricting
  13-43  competitive bidding or advertising by a person regulated by the
  13-44  committee <Board> except to prohibit false, misleading, or
  13-45  deceptive practices by the person.  The committee <Board> may not
  13-46  include in its rules to prohibit false, misleading, or deceptive
  13-47  practices by a person regulated by the committee <Board> a rule
  13-48  that:
  13-49              (1)  restricts the person's use of any medium for
  13-50  advertising;
  13-51              (2)  restricts the person's personal appearance or use
  13-52  of the person's <his> voice in an advertisement;
  13-53              (3)  relates to the size or duration of an
  13-54  advertisement by the person; or
  13-55              (4)  restricts the person's advertisement under a trade
  13-56  name.
  13-57        (b)  An advertisement is false, misleading, or deceptive if
  13-58  the advertisement:
  13-59              (1)  contains a misrepresentation of fact;
  13-60              (2)  contains a false statement as to the license
  13-61  holder's professional achievements, education, skills, or
  13-62  qualifications in the hearing instrument dispensing profession;
  13-63              (3)  makes a partial disclosure of relevant fact,
  13-64  including:
  13-65                    (A)  the advertisement of a discounted price of
  13-66  an item without identifying in the advertisement or at the location
  13-67  of the item either the specific product being offered at the
  13-68  discounted price or the usual price of the item; and
  13-69                    (B)  the advertisement of the price of a
  13-70  specifically identified hearing instrument if more than one hearing
   14-1  instrument appears in the same advertisement without an
   14-2  accompanying price;
   14-3              (4)  contains a representation that a product
   14-4  innovation is new when in fact the product was first offered by the
   14-5  manufacturer to the general public in this state not less than 12
   14-6  months before the date of the advertisement;
   14-7              (5)  contains any other representation, statement, or
   14-8  claim that is inherently misleading or deceptive; or
   14-9              (6)  contains information that the license holder
  14-10  manufactures hearing instruments at the license holder's office
  14-11  location unless the following statement includes a statement
  14-12  disclosing that the instruments are manufactured by a specified
  14-13  manufacturer and remanufactured by the license holder.
  14-14        SECTION 16.  Section 12B, Chapter 366, Acts of the 61st
  14-15  Legislature, Regular Session, 1969 (Article 4566-1.12B, Vernon's
  14-16  Texas Civil Statutes), is amended to read as follows:
  14-17        Sec. 12B.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The
  14-18  committee <Board> shall prepare information of consumer interest
  14-19  describing the regulatory functions of the committee <Board> and
  14-20  the committee's <Board's> procedures by which consumer complaints
  14-21  are filed with and resolved by the committee <Board>.  The
  14-22  committee <Board> shall make the information available to the
  14-23  general public and appropriate state agencies.
  14-24        (b)  Each written contract for services in this state of a
  14-25  licensed hearing instrument <aid fitter and> dispenser shall
  14-26  contain the name, mailing address, and telephone number of the
  14-27  committee <Board>.  There shall at all times be prominently
  14-28  displayed in the place of business of each license or permit holder
  14-29  <licensee> regulated under this Act a sign containing the name,
  14-30  mailing address, and telephone number of the committee <Board> and
  14-31  a statement informing consumers that complaints against license or
  14-32  permit holders <licensees> can be directed to the committee
  14-33  <Board>.
  14-34        (c)  The committee <Board> shall establish guidelines for a
  14-35  30-day trial period on every hearing instrument <aid> purchased
  14-36  <from a licensed hearing aid fitter and dispenser>.
  14-37        (d)  The committee <Board> shall keep an information file
  14-38  about each complaint filed with the committee <Board> relating to a
  14-39  license or permit holder <licensee>.  If a written complaint is
  14-40  filed with the committee <Board> relating to a license or permit
  14-41  holder <licensee>, the committee <Board>, at least as frequently as
  14-42  quarterly and until final disposition of the complaint, shall
  14-43  notify the parties to the complaint of the status of the complaint
  14-44  unless the notice would jeopardize an undercover investigation.
  14-45        SECTION 17.  Section 13, Chapter 366, Acts of the 61st
  14-46  Legislature, Regular Session, 1969 (Article 4566-1.13, Vernon's
  14-47  Texas Civil Statutes), is amended to read as follows:
  14-48        Sec. 13.  RENEWAL OF LICENSE.  (a)  Each license to fit and
  14-49  dispense hearing instruments <aids> shall be issued for the term of
  14-50  one year and shall, unless suspended or revoked, be renewed
  14-51  annually <on September 1> on payment of the renewal fee.  The
  14-52  committee may adopt a system under which licenses expire on various
  14-53  dates during the year.  For the year in which the expiration date
  14-54  is changed, license fees shall be prorated on a monthly basis so
  14-55  that each license holder shall pay only the portion of the license
  14-56  fee that is applicable to the number of months during which the
  14-57  license is valid.
  14-58        (b)  A person may renew an <his> unexpired license by paying
  14-59  to the committee <Board> before the expiration date of the license
  14-60  the required renewal fee.
  14-61        (c)  If a person's license has been expired for not more than
  14-62  90 days, the person may renew the license by paying to the
  14-63  committee <Board> the required renewal fee and a fee that is
  14-64  one-half of the examination fee for the license.
  14-65        (d)  If a person's license has been expired for more than 90
  14-66  days but less than two years, the person may renew the license by
  14-67  paying to the committee <Board> all unpaid renewal fees and a fee
  14-68  that is equal to the examination fee for the license.
  14-69        (e)  If a person's license has been expired for two years or
  14-70  more, the person may not renew the license.  The person may obtain
   15-1  a new license by submitting to reexamination and complying with the
   15-2  requirements and procedures for obtaining an original license.
   15-3        (f)  Before a license can be renewed, the committee <Board>
   15-4  shall require certification that all testing equipment, both
   15-5  portable and stationary, used by the license holder <licensee> has
   15-6  been calibrated within one year prior to the renewal date.
   15-7        (g)  Before a license can be renewed, a license holder
   15-8  <licensee> must demonstrate compliance with the requirements of
   15-9  continuing education established by the committee <Board> under
  15-10  Section 14A <Subsection (i) of Section 4> of this Act.
  15-11        On written request, the committee <Board> shall provide an
  15-12  alternative mechanism for meeting the continuing education
  15-13  requirement through examination.
  15-14        The committee <Board> may waive compliance with the
  15-15  continuing education requirement for license renewal in an
  15-16  individual case upon evidence of hardship or inability to meet the
  15-17  requirement.  The waiver may be granted after review by the
  15-18  committee <Board> on an annual basis.
  15-19        (h)  Fitting and dispensing a hearing instrument <aids>
  15-20  without an annual renewal certificate for the current year as
  15-21  provided by this section <herein> shall <have the same force and
  15-22  effect and> be subject to the same penalties as fitting and
  15-23  dispensing a hearing instrument <aids> without a license.
  15-24        (i)  The committee <Board> shall issue a duplicate license to
  15-25  any license holder <licensee> whose license has been lost or
  15-26  destroyed and the committee <Board> shall have the authority to
  15-27  prescribe the procedure and requirements for the issuance of the
  15-28  duplicate license.
  15-29        SECTION 18.  Section 14, Chapter 366, Acts of the 61st
  15-30  Legislature, Regular Session, 1969 (Article 4566-1.14, Vernon's
  15-31  Texas Civil Statutes), is amended to read as follows:
  15-32        Sec. 14.  DUTY OF A LICENSE HOLDER <LICENSEE>.  (a)  Every
  15-33  person engaged in the fitting and dispensing of hearing instruments
  15-34  <aids> in this state shall display the person's <his> license in a
  15-35  conspicuous place in the person's <his> principal office and
  15-36  whenever required, exhibit the <such> license to the committee
  15-37  <Board> or its authorized representatives.
  15-38        (b)  Every license holder <licensee> shall deliver to each
  15-39  person supplied with a hearing instrument <aid>, by the license
  15-40  holder <licensee> or under the license holder's <his> direction, a
  15-41  bill of sale which shall contain the license holder's <his>
  15-42  signature, the license holder's <his> printed name, the address of
  15-43  the license holder's <his> principal office, the number of the
  15-44  license holder's <his> license, a description of the make and model
  15-45  of the hearing instrument <aid> furnished and the amount charged
  15-46  for the hearing instrument <therefor>, and whether the hearing
  15-47  instrument <aid> is new, used, or rebuilt.
  15-48        (c)  An <Such receipt as required in Subsection (b) of this
  15-49  section shall be accompanied by the following statement in no
  15-50  smaller type than the largest type used in the body portion of such
  15-51  receipt, to-wit:>
  15-52        <"The purchaser has been advised at the outset of his
  15-53  relationship with the undersigned fitter and dispenser of hearing
  15-54  aids that any examination or representation made by a licensed
  15-55  fitter and dispenser of hearing aids in connection with the fitting
  15-56  and selling of this hearing aid is not an examination, diagnosis or
  15-57  prescription by a person duly licensed and qualified as a physician
  15-58  or surgeon authorized to practice medicine in the State of Texas
  15-59  and, therefore, must not be regarded as medical opinion or advice.">
  15-60        <(d)  Every licensee must, when dealing with a child 10 years
  15-61  of age or under, ascertain whether the child has been examined by
  15-62  an otolaryngologist for his recommendation within 90 days prior to
  15-63  the fitting.  If such is not the case, a recommendation by the
  15-64  licensee to do so must be made and this fact noted on the bill of
  15-65  sale required in Subsection (b) of this Section.>
  15-66        <(e)  Any> individual licensed under this Act shall seek
  15-67  personally or through proper referral channels to obtain the
  15-68  following minimal information on each prospective candidate for
  15-69  amplification:
  15-70              (1)  pertinent case history;
   16-1              (2)  otoscopic inspection of the outer ear, including
   16-2  canal and drumhead;
   16-3              (3)  evaluation of hearing acuity utilizing puretone
   16-4  techniques via air and bone conduction pathways through a
   16-5  calibrated system; <and>
   16-6              (4)  an aided and unaided speech reception threshold
   16-7  and ability to differentiate between the phonemic elements of the
   16-8  language through speech audiometry, utilizing a calibrated system
   16-9  or other acceptable verification techniques; and
  16-10              (5)  verification of satisfactory aided instrument
  16-11  performance by use of appropriate sound field speech, noise, or
  16-12  tone testing, utilizing a calibrated system.
  16-13        (d)  A licensed hearing instrument fitter and dispenser or
  16-14  licensed audiologist shall not sell a hearing instrument to a
  16-15  person under 18 years of age unless the prospective user, parent,
  16-16  or guardian has presented to the hearing instrument fitter and
  16-17  dispenser or audiologist a written statement signed by a licensed
  16-18  physician specializing in diseases of the ear that states that the
  16-19  patient's hearing loss has been medically evaluated and the patient
  16-20  may be considered a candidate for a hearing instrument.  The
  16-21  evaluation must have taken place within the preceding six months.
  16-22        (e)  If audiometric testing is not conducted in a stationary
  16-23  acoustical enclosure, sound level measurements must be conducted at
  16-24  the time of the testing to ensure that ambient noise levels meet
  16-25  permissible standards for testing threshold to 20 dB based on the
  16-26  most current American National Standards Institute (ANSI) "ears
  16-27  covered" octave band criteria for Permissible Ambient Noise Levels
  16-28  During Audiometric Testing.  A dBA equivalent level may be used to
  16-29  determine compliance.  The committee shall adopt rules necessary to
  16-30  enforce the provisions of this subsection.
  16-31        SECTION 19.  Chapter 366, Acts of the 61st Legislature,
  16-32  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  16-33  Civil Statutes), is amended by adding Section 14A to read as
  16-34  follows:
  16-35        Sec. 14A.  CONTINUING EDUCATION.  (a)  The committee shall
  16-36  require that a fitter and dispenser licensed under this Act
  16-37  complete 20 hours of continuing education each year.  For purposes
  16-38  of this section,  each year runs concurrently with the effective
  16-39  date of a license issued under this Act.
  16-40        (b)  The committee will provide a list of approved continuing
  16-41  education sponsors which will be revised and updated periodically.
  16-42  Approved sponsors will be designated by the committee.  Any
  16-43  continuing education activity must be provided by an approved
  16-44  sponsor.
  16-45        (c)  On written request to the committee, a license holder
  16-46  may take the state examination given by the committee.  A license
  16-47  holder who pays the examination fee and passes the examination
  16-48  shall be exempt from the continuing education requirement for the
  16-49  year that the test is taken.
  16-50        (d)  A license holder may be credited with continuing
  16-51  education credit hours for a published book or article written by
  16-52  the license holder that contributes to the license holder's
  16-53  professional competence.  No more than five credit hours for
  16-54  preparation of a publication may be claimed by a license holder in
  16-55  an annual reporting period.  The continuing education committee may
  16-56  grant credit hours based on the degree that the published book or
  16-57  article advances knowledge regarding the fitting and dispensing of
  16-58  hearing instruments.
  16-59        (e)  A license holder may receive no more than five
  16-60  continuing education credit hours for attendance at a
  16-61  manufacturer-sponsored course.
  16-62        (f)  A license holder who has not complied with the
  16-63  continuing education requirements of this section may not be issued
  16-64  a renewal license unless the license holder:
  16-65              (1)  has served in the regular armed forces of the
  16-66  United States during part of the 12 months before the annual
  16-67  reporting date;
  16-68              (2)  submits proof from an attending physician that the
  16-69  license holder suffered a serious or disabling illness or physical
  16-70  disability that prevented compliance with the requirements of this
   17-1  section during the 12 months before the annual reporting date; or
   17-2              (3)  was licensed for the first time during the 12
   17-3  months before the annual reporting date.
   17-4        (g)  A course summary and resume for each teacher of a course
   17-5  who seeks approval from the committee must be submitted 30 days
   17-6  before the date the course is scheduled to take place.  The
   17-7  committee shall establish criteria for the approval of submitted
   17-8  courses.
   17-9        (h)  A license holder shall provide written proof of
  17-10  attendance and completion of an approved course on a form
  17-11  prescribed by the committee.
  17-12        SECTION 20.  Section 15, Chapter 366, Acts of the 61st
  17-13  Legislature, Regular Session, 1969 (Article 4566-1.15, Vernon's
  17-14  Texas Civil Statutes), is amended to read as follows:
  17-15        Sec. 15.  PROHIBITED ACTS.  (a)  It is unlawful for any
  17-16  person to:
  17-17              (1)  buy, sell, or fraudulently obtain a license to fit
  17-18  and dispense hearing instruments <aids> or aid another in any of
  17-19  those activities <or abet therein>;
  17-20              (2)  alter a license to fit and dispense hearing
  17-21  instruments <aids> with the intent to defraud;
  17-22              (3)  willfully make a false statement in an application
  17-23  to the committee <Texas Board of Examiners of Fitters and
  17-24  Dispensers of Hearing Aids> for a license, for a temporary training
  17-25  permit, or for the renewal of a license;
  17-26              (4)  falsely impersonate any person <duly> licensed as
  17-27  a fitter and dispenser of hearing instruments <aids> under <the
  17-28  provisions of> this Act;
  17-29              (5)  offer or represent that the person is <hold
  17-30  himself out as> authorized to fit and dispense hearing instruments
  17-31  <aids>, or use in connection with the person's <his> name any
  17-32  designation tending to imply that the person <he> is authorized to
  17-33  engage in the fitting and dispensing of hearing instruments <aids>,
  17-34  if the person is not <so> licensed under the provisions of this
  17-35  Act;
  17-36              (6)  engage in the fitting and dispensing of hearing
  17-37  instruments <aids> during the time the person's <his> license shall
  17-38  be cancelled, suspended, or revoked;
  17-39              (7)  dispense or fit a hearing instrument <aid> on any
  17-40  individual who has ordered the <such> hearing instrument <aid> or
  17-41  device by mail unless the person dispensing and fitting the <such>
  17-42  hearing instrument <aid> or device is licensed under this Act or
  17-43  under Chapter 381, Acts of the 68th Legislature, Regular Session,
  17-44  1983 (Article 4512j, Vernon's Texas Civil Statutes), and its
  17-45  subsequent amendments; or
  17-46              (8)  sell hearing instruments by mail.
  17-47        (b)  It is unlawful for any person not a licensed <fitter
  17-48  and> dispenser of hearing instruments <aids> or a holder of a
  17-49  temporary training permit or an apprentice permit provided in this
  17-50  Act, or a licensed physician or surgeon to do any one act or thing
  17-51  or any combination of acts or things named or described in this
  17-52  section <Subsection (b) of Section 1 of this Act>.
  17-53        (c)  It is unlawful for any license or permit holder
  17-54  <licensee> to:
  17-55              (1)  fail to clearly disclose the holder's <his> name,
  17-56  business address, and the purpose of the communication in any
  17-57  telephone solicitation of potential customers;
  17-58              (2)  use or purchase for use a list of names of
  17-59  potential customers compiled by a person by telephone other than
  17-60  the license or permit holder or the holder's <licensee, his>
  17-61  authorized agent or another license or permit holder <licensee>;
  17-62  or
  17-63              (3)  do any act that <which> requires a license from
  17-64  the Texas Optometry Board or the Texas State Board of Medical
  17-65  Examiners.
  17-66        SECTION 21.  Section 16, Chapter 366, Acts of the 61st
  17-67  Legislature, Regular Session, 1969 (Article 4566-1.16, Vernon's
  17-68  Texas Civil Statutes), is amended to read as follows:
  17-69        Sec. 16.  ADMINISTRATIVE PENALTIES; INJUNCTION <PENALTY>.
  17-70  (a)  The committee, with the approval of the board, may impose a
   18-1  fine not to exceed $250 plus costs for the first violation and not
   18-2  to exceed $1,000 plus costs for each subsequent violation of this
   18-3  Act and the rules adopted under this Act on any person or entity
   18-4  described in this Act.  The fine may be invoked as an alternative
   18-5  to any other disciplinary measure, except for probation, as set
   18-6  forth by the committee.
   18-7        (b)  If a person other than a licensed hearing instrument
   18-8  dispenser has engaged in any act or practice that constitutes an
   18-9  offense under this Act, a district court of any county on
  18-10  application of the committee may issue an injunction or other
  18-11  appropriate order restraining such conduct.  <Whoever violates any
  18-12  provision of this Act shall be fined not less than $100.00 nor more
  18-13  than $500.00 or be confined in jail for a period of not more than
  18-14  90 days, or both.>
  18-15        SECTION 22.  Chapter 366, Acts of the 61st Legislature,
  18-16  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  18-17  Civil Statutes), is amended by adding Section 16A to read as
  18-18  follows:
  18-19        Sec. 16A.  SURETY BONDING.  (a)  A license holder shall file
  18-20  a bond or a surety in lieu of a bond in the amount of $10,000 with
  18-21  the committee conditioned on the license holder's promise to pay
  18-22  all:
  18-23              (1)  taxes and contributions due to the state and
  18-24  political subdivisions of the state; and
  18-25              (2)  judgments that the license holder may be required
  18-26  to pay for negligently or improperly dispensing hearing instruments
  18-27  or for breaching a contract relating to the dispensing of hearing
  18-28  instruments.
  18-29        (b)  A license holder may file with the committee a cash
  18-30  deposit or other negotiable security acceptable to the committee in
  18-31  the amount required in Subsection (a) of this section in lieu of a
  18-32  bond.
  18-33        (c)  A bond required under this section remains in effect
  18-34  until cancelled by action of the surety, the principal, or the
  18-35  committee.  A person may not commence an action on the bond later
  18-36  than the third anniversary of the date the bond was cancelled.
  18-37        (d)  The purchaser of a hearing instrument may rescind the
  18-38  purchase and recover as provided by this section for:
  18-39              (1)  a material misstatement of fact or
  18-40  misrepresentation by the license holder regarding the hearing
  18-41  instrument or services to be provided by the license holder that
  18-42  were relied on by the purchaser or that induced the purchaser to
  18-43  purchase the instrument;
  18-44              (2)  the failure by the license holder to provide the
  18-45  purchaser with an instrument or with fitting and dispensing
  18-46  services that conform to the specifications of the purchase
  18-47  agreement;
  18-48              (3)  the diagnosis of a medical condition unknown to
  18-49  the purchaser at the time of the purchase that precludes the
  18-50  purchaser's use of the instrument;
  18-51              (4)  the failure by the license holder to remedy a
  18-52  significant material defect of the hearing instrument within a
  18-53  reasonable time;
  18-54              (5)  the provision by the license holder of a hearing
  18-55  instrument of fitting and dispensing services that are not in
  18-56  accordance with accepted industry practices; or
  18-57              (6)  the failure by the license holder to meet the
  18-58  standards of conduct prescribed under this Act or by rules adopted
  18-59  under this Act that adversely affects the transactions between the
  18-60  purchaser and the license holder.
  18-61        SECTION 23.  Chapter 366, Acts of the 61st Legislature,
  18-62  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  18-63  Civil Statutes), is amended by adding Section 16B to read as
  18-64  follows:
  18-65        Sec. 16B.  OWNERSHIP OF DISPENSING PRACTICE.  A person who
  18-66  owns, maintains, or operates an office or place of business where
  18-67  the person employs or engages under contract a person who practices
  18-68  the fitting and dispensing of hearing instruments shall be
  18-69  considered also to be engaged in the practice of fitting and
  18-70  dispensing of hearing instruments under this Act.  A person who is
   19-1  considered to be practicing the fitting and dispensing of hearing
   19-2  instruments under this section shall be required to be licensed
   19-3  under this Act or licensed under Chapter 381, Acts of the 68th
   19-4  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
   19-5  Civil Statutes), and its subsequent amendments, as an audiologist.
   19-6        SECTION 24.  Section 17, Chapter 366, Acts of the 61st
   19-7  Legislature, Regular Session, 1969 (Article 4566-1.17, Vernon's
   19-8  Texas Civil Statutes), is amended to read as follows:
   19-9        Sec. 17.  TREATMENT OF EAR DEFECTS AND ADMINISTRATION OF
  19-10  DRUGS.  This <Nothing contained in this> Act does not <shall be
  19-11  construed to> permit a person <persons> licensed under this Act to
  19-12  treat the ear for any defect <whatsoever> in any manner, nor to
  19-13  administer any drug or physical treatment <whatsoever> unless the
  19-14  license holder <licensee> is a <duly qualified> physician or <and>
  19-15  surgeon <and> licensed to practice by the Texas State Board of
  19-16  Medical Examiners.  This <Nothing in this> Act does not <shall be
  19-17  construed to> amend or modify the laws regulating the practice of
  19-18  medicine as defined by the Medical Practice Act (Article 4495b
  19-19  <4510>, Vernon's Texas <Revised> Civil Statutes) <of Texas>.
  19-20        SECTION 25.  Section 18, Chapter 366, Acts of the 61st
  19-21  Legislature, Regular Session, 1969 (Article 4566-1.18, Vernon's
  19-22  Texas Civil Statutes), is repealed.
  19-23        SECTION 26.  Sections 21 and 22, Chapter 366, Acts of the
  19-24  61st Legislature, Regular Session, 1969 (Articles 4566-1.21 and
  19-25  4566-1.22, Vernon's Texas Civil Statutes), are repealed.
  19-26        SECTION 27.  This Act takes effect September 1, 1993.
  19-27        SECTION 28.  (a)  A person holding a license for the fitting
  19-28  and dispensing of hearing aids from the Texas Board of Examiners in
  19-29  the Fitting and Dispensing of Hearing Aids on August 31, 1993, may
  19-30  apply to the State Committee of Examiners in the Fitting and
  19-31  Dispensing of Hearing Instruments for a license under Chapter 366,
  19-32  Acts of the 61st Legislature, Regular Session, 1969 (Article
  19-33  4566-1.01 et seq., Vernon's Texas Civil Statutes), and its
  19-34  subsequent amendments, without taking the examination required by
  19-35  Section 6 of that Act.  The committee shall have 14 days from the
  19-36  receipt of the application to issue a new license under that Act to
  19-37  the applicant.
  19-38        (b)  An application for a license under Chapter 366, Acts of
  19-39  the 61st Legislature, Regular Session, 1969 (Article 4566-1.01 et
  19-40  seq., Vernon's Texas Civil Statutes), and its subsequent
  19-41  amendments, must be received by the committee by December 31, 1993.
  19-42  An applicant may continue to fit and dispense hearing instruments
  19-43  under the applicant's existing license until the committee issues a
  19-44  new license under that Act.
  19-45        SECTION 29.  (a)  The Texas Board of Examiners in the Fitting
  19-46  and Dispensing of Hearing Aids is abolished.  All powers, duties,
  19-47  obligations, and rights of action of that board are transferred to
  19-48  the State Committee of Examiners in the Fitting and Dispensing of
  19-49  Hearing Instruments in the Texas Department of Health on the
  19-50  effective date of this Act.  A reference in the law to the Texas
  19-51  Board of Examiners in the Fitting and Dispensing of Hearing Aids
  19-52  means the State Committee of Examiners in the Fitting and
  19-53  Dispensing of Hearing Instruments in the Texas Department of
  19-54  Health.
  19-55        (b)  The personnel, property, records, and funds in the
  19-56  custody of the Texas Board of Examiners in the Fitting and
  19-57  Dispensing of Hearing Aids on the effective date of this Act are
  19-58  transferred to the Texas Department of Health.
  19-59        (c)  The Texas Department of Health shall continue any
  19-60  proceeding brought by the Texas Board of Examiners in the Fitting
  19-61  and Dispensing of Hearing Aids before September 1, 1993, in
  19-62  accordance with the law in effect on the date the proceeding was
  19-63  brought, and the former law is continued in effect for this
  19-64  purpose.
  19-65        (d)  The unobligated and unexpended balance of any
  19-66  appropriation made to the Texas Board of Examiners in the Fitting
  19-67  and Dispensing of Hearing Aids for the fiscal year ending
  19-68  August 31, 1993, is transferred to the Texas Department of Health
  19-69  for the purpose of implementing this Act.
  19-70        SECTION 30.  The importance of this legislation and the
   20-1  crowded condition of the calendars in both houses create an
   20-2  emergency and an imperative public necessity that the
   20-3  constitutional rule requiring bills to be read on three several
   20-4  days in each house be suspended, and this rule is hereby suspended.
   20-5                               * * * * *
   20-6                                                         Austin,
   20-7  Texas
   20-8                                                         April 26, 1993
   20-9  Hon. Bob Bullock
  20-10  President of the Senate
  20-11  Sir:
  20-12  We, your Committee on Health and Human Services to which was
  20-13  referred S.B. No. 953, have had the same under consideration, and I
  20-14  am instructed to report it back to the Senate with the
  20-15  recommendation that it do not pass, but that the Committee
  20-16  Substitute adopted in lieu thereof do pass and be printed.
  20-17                                                         Zaffirini,
  20-18  Chair
  20-19                               * * * * *
  20-20                               WITNESSES
  20-21                                                  FOR   AGAINST  ON
  20-22  ___________________________________________________________________
  20-23  Name:  Tracy O. King                             x
  20-24  Representing:  Self
  20-25  City:  Uvalde
  20-26  -------------------------------------------------------------------
  20-27  Name:  Jim Wilson                                x
  20-28  Representing:  Tx Hearing Aid Asso.
  20-29  City:  Cleburne
  20-30  -------------------------------------------------------------------
  20-31  Name:  Jim Zukowski                                            x
  20-32  Representing:  Tx Dept. of Health
  20-33  City:  Austin
  20-34  -------------------------------------------------------------------
  20-35  Name:  Wanda Stewart                                           x
  20-36  Representing:  Examiners/Fitting & Dispens
  20-37  City:  Austin
  20-38  -------------------------------------------------------------------
  20-39  Name:  Lawrence W. Higdon                                      x
  20-40  Representing:  Tx Speech Language Hearing
  20-41  City:  Austin
  20-42  -------------------------------------------------------------------
  20-43                                                  FOR   AGAINST  ON
  20-44  ___________________________________________________________________
  20-45  Name:  Ray Jones                                 x
  20-46  Representing:  Self
  20-47  City:  Fort Worth
  20-48  -------------------------------------------------------------------