By King H.B. No. 1765
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the fitting and dispensing of hearing
1-3 instruments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 366, Acts of the 61st
1-6 Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
1-7 Texas Civil Statutes), is amended by amending Subdivisions (3) and
1-8 (13) and adding Subdivisions (14) and (15) to read as follows:
1-9 (3) "Temporary training permit" means a permit issued
1-10 by the committee to persons authorized to fit and dispense hearing
1-11 instruments only under the direct or indirect supervision, as
1-12 appropriate, of a person who holds a license under this Act.
1-13 (13) "Direct supervision" means the requirement of the
1-14 <physical> presence of the supervisor on the premises and the
1-15 availability of the supervisor for prompt consultation <any time a
1-16 temporary permit holder is engaged in services related to the
1-17 fitting, dispensing, and sales of hearing instruments>.
1-18 (14) "Indirect supervision" means the daily review by
1-19 a supervisor of a temporary training permit holder's patient
1-20 contact and daily work.
1-21 (15) "Contact hour" means a period of time equal to 55
1-22 minutes.
1-23 SECTION 2. Section 2(a), Chapter 366, Acts of the 61st
1-24 Legislature, Regular Session, 1969 (Article 4566-1.02, Vernon's
2-1 Texas Civil Statutes), is amended to read as follows:
2-2 (a) The State Committee of Examiners in the Fitting and
2-3 Dispensing of Hearing Instruments is within the Texas Department of
2-4 Health and is composed of nine members appointed by the governor
2-5 with the advice and consent of the senate. Appointments shall be
2-6 made without regard to the race, creed, sex, religion, or national
2-7 origin of the appointees. The committee members must have the
2-8 following qualifications:
2-9 (1) six committee members must possess a hearing
2-10 instrument dispenser's license under this Act and have been
2-11 residents of this state actually engaged in fitting and dispensing
2-12 hearing instruments for at least five years preceding their
2-13 appointment; not <no> more than one person <two persons> licensed
2-14 under Chapter 381, Acts of the 68th Legislature, Regular Session,
2-15 1983 (Article 4512j, Vernon's Texas Civil Statutes), is <and its
2-16 subsequent amendments, are> eligible to serve as a member
2-17 <members> of the committee;
2-18 (2) two committee members must be members of the
2-19 general public, each of whom is eligible for appointment as a
2-20 public member only if the person and the person's spouse are not
2-21 licensed by an occupational regulatory agency in the field of
2-22 health care; are not employed by and do not participate in the
2-23 management of a business entity or other organization that provides
2-24 health-care services or that sells, manufactures, or distributes
2-25 health-care supplies or equipment; and do not own, control, or
2-26 have, directly or indirectly, an interest in a business entity or
2-27 other organization that provides health-care services or that
3-1 sells, manufactures, or distributes health-care supplies or
3-2 equipment; and
3-3 (3) one committee member must be a citizen of the
3-4 United States and a resident of this state for at least two years
3-5 preceding the person's appointment, be an active practicing
3-6 physician or surgeon licensed to practice in this state by the
3-7 Texas State Board of Medical Examiners, and specialize in the
3-8 practice of otolaryngology and may not have a financial interest in
3-9 a hearing instrument manufacturing company or a wholesale or retail
3-10 hearing instrument company.
3-11 SECTION 3. Section 6(b), Chapter 366, Acts of the 61st
3-12 Legislature, Regular Session, 1969 (Article 4566-1.06, Vernon's
3-13 Texas Civil Statutes), is amended to read as follows:
3-14 (b) The applicant shall:
3-15 (1) apply <must make application> to the committee on
3-16 forms to be furnished by the committee, including sworn evidence
3-17 that the applicant has attained the age of majority and has
3-18 graduated from an accredited high school or equivalent and
3-19 providing other information as the committee may deem necessary for
3-20 the enforcement of this Act; and
3-21 (2) pay any required fees for application and
3-22 examination.
3-23 SECTION 4. Section 9, Chapter 366, Acts of the 61st
3-24 Legislature, Regular Session, 1969 (Article 4566-1.09, Vernon's
3-25 Texas Civil Statutes), is amended by amending Subsections (a), (e),
3-26 (f), and (h) and adding Subsection (l) to read as follows:
3-27 (a)(1) The committee shall grant a temporary training permit
4-1 to fit and dispense hearing instruments to any person applying to
4-2 the committee who has never taken the examination provided in the
4-3 Act and who possesses the qualifications in Subsection (b) of
4-4 Section 6 of this Act, on written application to the committee.
4-5 The applicant must pay the temporary training permit fee and make
4-6 application on forms to be furnished by the committee furnishing
4-7 sworn evidence that the applicant possesses the qualifications
4-8 contained in Subsection (b), Section 6, of this Act, that the
4-9 applicant has never taken the examination provided in this Act, and
4-10 that the applicant has never previously been issued in this state a
4-11 temporary training permit to fit and dispense hearing instruments.
4-12 (2) Students of audiology in an accredited college or
4-13 university program are exempt from the provisions of this Act,
4-14 provided that their activities and services constitute a part of
4-15 their supervised course of study or practicum experience. Such
4-16 students are subject to the provisions of Chapter 381, Acts of the
4-17 68th Legislature, Regular Session, 1983 (Article 4512j, Vernon's
4-18 Texas Civil Statutes)<, and its subsequent amendments>.
4-19 (e) The committee shall establish educational guidelines,
4-20 both formal and practical, for the training of temporary training
4-21 permit holders. The training guidelines must include directions to
4-22 the training supervisor about the subject matter to be taught,
4-23 length of the training, extent of a trainee's contact with the
4-24 public, and responsibility of the training supervisor for direct
4-25 and indirect supervision of all aspects of the training. A trainee
4-26 shall be required to have at least 150 hours of directly supervised
4-27 practicum that shall include the following:
5-1 (1) 25 contact hours of pure tone air conduction, bone
5-2 conduction, and speech audiometry, recorded and live voice with 15
5-3 of the required hours being with actual clients;
5-4 (2) 25 client contact hours of hearing instrument
5-5 evaluations including sound field measurements with recorded and
5-6 live voice;
5-7 (3) 20 contact hours of instrument fittings with
5-8 actual clients;
5-9 (4) 10 contact hours of earmold orientation types,
5-10 uses, and terminology;
5-11 (5) 5 contact <15> hours of earmold impressions and
5-12 otoscopic examinations of the ear;
5-13 (6) 15 contact hours of troubleshooting of defective
5-14 hearing instruments;
5-15 (7) 20 contact hours of case history with actual
5-16 clients;
5-17 (8) 10 contact hours of the laws governing the
5-18 licensing of persons fitting and dispensing hearing instruments and
5-19 federal Food and Drug Administration and Federal Trade Commission
5-20 regulations relating to the fitting and dispensing of hearing
5-21 instruments; and
5-22 (9) 20 contact <10> hours of supplemental work in one
5-23 or more of the above areas.
5-24 (f) <The length of the training may not be shorter than 200
5-25 days.> The training period begins on the date of the issuance of
5-26 the temporary permit. On completion of the 150 hours of directly
5-27 supervised practicum under Subsection (e) of this section, a
6-1 temporary training permit holder shall complete the permit holder's
6-2 training under the indirect supervision of the permit holder's
6-3 supervisor.
6-4 (h) A supervisor of a temporary training permit holder must
6-5 be licensed under this Act. Supervision of a permit holder shall
6-6 entail direct and indirect supervision by the supervisor as
6-7 appropriate. A supervisor may not supervise more than two trainees
6-8 at any one time. A supervisor shall maintain a log of the contact
6-9 hours by practicum category on a form supplied by the committee.
6-10 On completion of the 150 contact hours, the form shall be signed by
6-11 the supervisor and the temporary training permit holder, notarized,
6-12 and mailed to the committee.
6-13 (l) A temporary training permit holder may provide routine
6-14 fitting and dispensing that has been ordered by the permit holder's
6-15 supervisor. The supervisor is the sole judge of whether the
6-16 temporary training permit holder has the qualifications necessary
6-17 for the performance of routine fitting and dispensing. A
6-18 supervisor is accountable to the committee for the actions and
6-19 misdeeds of a temporary training permit holder acting at the
6-20 supervisor's discretion.
6-21 SECTION 5. Sections 9A(a) and (c), Chapter 366, Acts of the
6-22 61st Legislature, Regular Session, 1969 (Article 4566-1.09A,
6-23 Vernon's Texas Civil Statutes), are amended to read as follows:
6-24 (a) A temporary training permit holder who has taken all
6-25 parts of the examination given by the committee and has passed all
6-26 parts of the examination with a score of 70 percent or greater and
6-27 paid the required fees shall be issued an apprentice permit to fit
7-1 and dispense hearing instruments. An apprentice permit remains
7-2 valid for one year unless it is extended by the committee for an
7-3 additional period not to exceed six months.
7-4 (c) A hearing instrument dispenser's license shall be issued
7-5 to an apprentice permit holder when the committee has received
7-6 sufficient evidence that the apprentice permit holder has met all
7-7 the requirements of this Act for a hearing instrument dispenser's
7-8 license. <Audiologists and audiology interns licensed under
7-9 Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
7-10 (Article 4512j, Vernon's Texas Civil Statutes), and its subsequent
7-11 amendments, are exempt from the provisions of this Act.>
7-12 SECTION 6. Section 12, Chapter 366, Acts of the 61st
7-13 Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
7-14 Texas Civil Statutes), is amended to read as follows:
7-15 Sec. 12. Fees and expenses. (a) The committee by rule
7-16 shall adopt reasonable and necessary fees so that the fees, in the
7-17 aggregate, produce sufficient revenue to cover the costs of
7-18 administering this Act. The fees adopted by the committee under
7-19 this section may include a license fee, license renewal fee,
7-20 examination fee, temporary training permit fee, apprentice license
7-21 fee, duplicate document fee, and other fees as necessary to
7-22 administer this Act. <The fees for administering this Act shall be
7-23 as follows:>
7-24 <1. Temporary Training Permit $200>
7-25 <2. Examination Fee 250>
7-26 <3. Apprentice License Fee 300>
7-27 <4. License Fee 220>
8-1 <5. License Renewal Fee 440>
8-2 <6. Duplicate Document Fee 50>
8-3 (b) The hearing instrument dispensers licensing account is
8-4 created in the general revenue fund. Funds in the account may be
8-5 used by the committee and department only for the administration of
8-6 this Act. Fees received under this Act shall be deposited in the
8-7 general revenue fund to the credit of the account. <The committee
8-8 shall, every third work day, remit to the state treasurer all of
8-9 the fees collected by the committee during the preceding month for
8-10 deposit in the general revenue fund.>
8-11 (c) <Funds for the administration of this Act shall be
8-12 provided by the General Appropriations Act from the general revenue
8-13 fund.> The financial transactions of the committee are subject to
8-14 audit by the state auditor in accordance with Chapter 321,
8-15 Government Code.
8-16 SECTION 7. Sections 16A(a), (b), and (d), Chapter 366, Acts
8-17 of the 61st Legislature, Regular Session, 1969 (Article 4566-1.16A,
8-18 Vernon's Texas Civil Statutes), are amended to read as follows:
8-19 (a) A sole proprietor, partnership, corporation, or other
8-20 legal entity engaged in the fitting and dispensing of hearing
8-21 instruments <A license holder> shall file a bond or a surety in
8-22 lieu of a bond in the amount of $10,000 with the committee
8-23 conditioned on the <license holder's> promise to pay all:
8-24 (1) taxes and contributions due to the state and
8-25 political subdivisions of the state by the sole proprietor,
8-26 partnership, corporation, or other legal entity; and
8-27 (2) judgments that the sole proprietor, partnership,
9-1 corporation, or other legal entity <license holder> may be
9-2 required to pay for negligently or improperly dispensing hearing
9-3 instruments or for breaching a contract relating to the dispensing
9-4 of hearing instruments.
9-5 (b) A sole proprietor, partnership, corporation, or other
9-6 legal entity subject to Subsection (a) of this section <A license
9-7 holder> may file with the committee a cash deposit or other
9-8 negotiable security acceptable to the committee in the amount
9-9 required in Subsection (a) of this section in lieu of a bond.
9-10 (d) The purchaser of a hearing instrument may rescind the
9-11 purchase and recover as provided by this section for:
9-12 (1) a material misstatement of fact or
9-13 misrepresentation by a <the> license holder employed by the sole
9-14 proprietor, partnership, corporation, or other legal entity
9-15 regarding the hearing instrument or services to be provided by the
9-16 license holder that were relied on by the purchaser or that induced
9-17 the purchaser to purchase the instrument;
9-18 (2) the failure by the sole proprietor, partnership,
9-19 corporation, or other legal entity <license holder> to provide the
9-20 purchaser with an instrument or with fitting and dispensing
9-21 services that conform to the specifications of the purchase
9-22 agreement;
9-23 (3) the diagnosis of a medical condition unknown to
9-24 the purchaser at the time of the purchase that precludes the
9-25 purchaser's use of the instrument;
9-26 (4) the failure by the sole proprietor, partnership,
9-27 corporation, or other legal entity <license holder> to remedy a
10-1 significant material defect of the hearing instrument within a
10-2 reasonable time;
10-3 (5) the provision by the sole proprietor, partnership,
10-4 corporation, or other legal entity <license holder of a hearing
10-5 instrument> of fitting and dispensing services that are not in
10-6 accordance with accepted industry practices; or
10-7 (6) the failure by a <the> license holder employed by
10-8 the sole proprietor, partnership, corporation, or other legal
10-9 entity to meet the standards of conduct prescribed under this Act
10-10 or by rules adopted under this Act that adversely affects the
10-11 transactions between the purchaser and the license holder or the
10-12 sole proprietorship, partnership, corporation, or other legal
10-13 entity.
10-14 SECTION 8. Section 16B, Chapter 366, Acts of the 61st
10-15 Legislature, Regular Session, 1969 (Article 4566-1.16B, Vernon's
10-16 Texas Civil Statutes), is amended to read as follows:
10-17 Sec. 16B. Ownership of dispensing practice. (a) A person
10-18 who owns, maintains, or operates an office or place of business
10-19 where the person employs or engages under contract a person who
10-20 practices the fitting and dispensing of hearing instruments shall
10-21 be considered also to be engaged in the practice of fitting and
10-22 dispensing of hearing instruments under this Act. If the person
10-23 who owns, maintains, or operates an office or place of business
10-24 under this subsection is a partnership, each partner must be
10-25 licensed as provided by this section. If the person who owns,
10-26 maintains, or operates an office or place of business under this
10-27 subsection is a corporation or other legal entity, the chief
11-1 executive officer of the corporation or entity must be licensed as
11-2 provided by this section.
11-3 (b) A person who is considered to be practicing the fitting
11-4 and dispensing of hearing instruments under this section shall be
11-5 required to be licensed under this Act or licensed under Chapter
11-6 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
11-7 4512j, Vernon's Texas Civil Statutes), <and its subsequent
11-8 amendments,> as an audiologist.
11-9 SECTION 9. Section 19, Chapter 366, Acts of the 61st
11-10 Legislature, Regular Session, 1969 (Article 4566-1.19, Vernon's
11-11 Texas Civil Statutes), is amended to read as follows:
11-12 Sec. 19. EXCEPTIONS. Nothing in this Act shall be construed
11-13 to apply to the following:
11-14 (1) Persons engaged in the practice of measuring human
11-15 hearing as a part of the academic curriculum of an accredited
11-16 institution of higher learning, provided such persons or their
11-17 employees do not sell hearing aids.
11-18 (2) Physicians and surgeons duly licensed by the Texas
11-19 State Board of Medical Examiners and qualified to practice in the
11-20 State of Texas.
11-21 (3) An individual with a master's or doctorate degree
11-22 in audiology from an accredited college or university may engage in
11-23 the measurement of human hearing by the use of an audiometer or by
11-24 any means for the purpose of making selections and adaptations of
11-25 or recommendations for a hearing aid and the making of impressions
11-26 for earmolds to be used as part of a hearing aid, provided such
11-27 persons do not sell hearing aids.
12-1 (4) An audiologist or an audiology intern licensed
12-2 under Chapter 381, Acts of the 68th Legislature, Regular Session,
12-3 1983 (Article 4512j, Vernon's Texas Civil Statutes), is exempt from
12-4 the provisions of this Act.
12-5 SECTION 10. This Act takes effect September 1, 1995.
12-6 SECTION 11. The change in law made by this Act to Section
12-7 9(f), Chapter 366, Acts of the 61st Legislature, Regular Session,
12-8 1969 (Article 4566-1.09, Vernon's Texas Civil Statutes), regarding
12-9 the requirements for a person holding a temporary training permit
12-10 applies only to a person holding a temporary training permit issued
12-11 on or after the effective date of this Act. A person holding a
12-12 temporary training permit issued before that date is governed by
12-13 the law in effect at the time the permit was issued, and the former
12-14 law is continued in effect for that purpose.
12-15 SECTION 12. The importance of this legislation and the
12-16 crowded condition of the calendars in both houses create an
12-17 emergency and an imperative public necessity that the
12-18 constitutional rule requiring bills to be read on three several
12-19 days in each house be suspended, and this rule is hereby suspended.