BILL ANALYSIS


                                                        H.B. 1765
                                             By: King (Wentworth)
                                        Health and Human Services
                                                         05-18-95
                              Senate Committee Report (Unamended)
BACKGROUND

nUnder current law, hearing instrument fitters and dispensers are
licensed and regulated by the State Committee of Examiners in the
Fitting and Dispensing of Hearing Instruments within the Texas
Department of Health.  Some provisions passed into law have proven
to be inappropriate and burdensome for hearing instrument fitters
and dispensers.

PURPOSE

As proposed, H.B. 1765 modifies current law regarding the fitting
and dispensing of hearing instruments by the State Committee of
Examiners in the Fitting and Dispensing of Hearing Instruments
within the Texas Department of Health.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to the State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments within the Texas Department of
Health under SECTIONS 6 (Section 12, Article 4566-1.12, V.T.C.S.)
and 7 (Section 14(e), Article 4566-1.14, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 4566-1.01, V.T.C.S, by
amending Subdivisions (3) and (13) adding Subdivisions (14) and
(15), to define "indirect supervision" and "contact hour," and to
redefine "temporary training permit" and "direct supervision."

SECTION 2. Amends Section 2(a), Article 4566-1.02, V.T.C.S., by
changing the qualification requirement from two persons to not more
than one person licensed under Article 4512j, V.T.C.S., to be
eligible to serve as a member of the State Committee of Examiners
in the Fitting and Dispensing of Hearing Instruments within the
Texas Department of Health (committee).

SECTION 3. Amends Section 6(b), Article 4566-1.06, V.T.C.S., to
require the applicant to apply to the committee on forms to be
furnished by the committee, provide other information as the
committee may deem necessary for the enforcement of this Act, and
pay any required fees for application and examination.

SECTION 4. Amends Section 9, Article 4566-1.09, V.T.C.S.,  by
amending Subsections (a), (e), (f), and (h), and adding Subsection
(l), as follows:

     (a)  Requires the applicant to pay the temporary training
     permit (permit) fee.
     
     (e)  Requires the committee to establish training guidelines
     which include, among others, directions to the training
     supervisor about responsibility of the trainee's supervisor
     for direct and indirect supervision of all aspects of the
     training.  Requires a trainee to have at least 150 hours of
     directly supervised practicum that shall include 25 contact
     hours of pure tone air conduction, bone conduction, and speech
     audiometry, recorded and live voice with 15 of the required
     hours being with actual clients; 25 client contact hours of
     hearing instrument evaluations; 20 contact hours of instrument
     fittings with actual clients; 10 contact hours regarding
     earmold orientation; 5 contact hours, rather than 15 hours, of
     earmold impressions and otoscopic examinations of the ear; 15
     contact hours of troubleshooting of defective hearing
     instruments; 20 contact hours of case history with actual
     clients; 10 contact hours of certain laws; and 20 contact
     hours, rather than 10 hours, of supplemental work in one or
     more of the above areas.
     
     (f)  Requires the permit holder to complete the training under
     the indirect supervision of the permit holder's supervisor, on
     completion of 150 hours of a directly supervised practicum.
     
     (h)  Requires supervision of the permit holder to entail
     direct and indirect supervision by the supervisor as
     appropriate.  Requires a supervisor to maintain a log of the
     contact hours by practicum category in a form supplied by the
     committee.  Requires the form, on completion of the 150
     contact hours, to be signed by the supervisor and the
     temporary training permit holder, notarized, and mailed to the
     committee.
     
     (l) Authorizes a temporary training permit holder to provide
     routine fitting and dispensing that has been ordered by the
     permit holder's supervisor.  Provides that the supervisor is
     the sole judge of whether the temporary training permit holder
     has the qualifications necessary for the performance of
     routine fitting and dispensing.  Makes a supervisor
     accountable to the committee for the actions and misdeeds of
     a temporary training permit holder acting at the supervisor's
     discretion.
     
     SECTION 5.     Amends Sections 9A(a) and (c), Article 4566-1.09A,
V.T.C.S., as follows:

     (a) Requires a permit holder who has taken and passed all the
     parts of the examination and paid the required fees to be
     issued an apprentice permit to fit and dispense hearing
     instruments.
     
     (c) Deletes a provision exempting certain audiologists and
     interns from the provisions of this Act.
SECTION 6. Amends Section 12, Article 4566-1.12, V.T.C.S., as
follows:

     Sec.  12.  FEES AND EXPENSES.  (a)  Requires the committee, by
     rule, to adopt fees so that the fees, in the aggregate,
     produce sufficient revenue to cover the costs of administering
     this Act.  Authorizes the adopted fees to include a license
     fee, license renewal fee, examination fee, temporary training
     permit fee, apprentice license fee, duplicate document fee,
     and other fees as necessary to administer this Act.  Deletes
     existing subsection.
     
     (b)  Creates the hearing instrument dispensers licensing
       account in the general revenue fund.  Authorizes the funds
       in the account to be used by the committee and department
       only for the administration of this Act.  Requires the fees
       received under this Act to be deposited in the general
       revenue fund to the credit of the account.  Deletes existing
       subsection.
       
       (c)  Deletes a provision requiring funds to be provided by
       the General Appropriations Act.
       
       SECTION 7.   Amends Sections 16A(a), (b), and (d), Article 4566-1.16A, V.T.C.S., as follows:

     (a)  Requires a sole proprietor, partnership, corporation, or
     other legal entity engaged in the fitting and dispensing of
     hearing instruments to file a bond or a surety in lieu of a
     bond in the amount of $10,000 with the committee conditioned
     on the promise to pay all taxes due and judgements required.
     Makes conforming changes.
     
     (b) and (d)  Make conforming changes.
     
     SECTION 8.     Amends Section 16B, Article 4566-1.16B, V.T.C.S., to
require  each partner to be licensed as provided by this section if
the person who owns, maintains, or operates an office or place of
business is a partnership.  Requires the chief executive officer of
the corporation or entity to be licensed if the person who owns,
maintains, or operates an office or place of business is a
corporation or other legal entity.  Makes a nonsubstantive change.

       SECTION 9.   Amends Section 19, Article 4566-1.19, V.T.C.S., to
provide that an audiologist or an audiology intern licensed under
Article 4512j, V.T.C.S., is exempt from the provisions of this Act.

SECTION 10.    Effective date:  September 1, 1995.

SECTION 11.    Makes application of this Act prospective.

SECTION 12.    Emergency clause.