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.