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 -------------------------------------------------------------------