74R9707 JMM-D
By King H.B. No. 1765
Substitute the following for H.B. No. 1765:
By Berlanga C.S.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. Section 9A(a), Chapter 366, Acts of the 61st
6-22 Legislature, Regular Session, 1969 (Article 4566-1.09A, Vernon's
6-23 Texas Civil Statutes), is 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 SECTION 6. Section 12, Chapter 366, Acts of the 61st
7-5 Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
7-6 Texas Civil Statutes), is amended to read as follows:
7-7 Sec. 12. Fees and expenses. (a) The committee by rule
7-8 shall adopt reasonable and necessary fees so that the fees, in the
7-9 aggregate, produce sufficient revenue to cover the costs of
7-10 administering this Act. The fees adopted by the committee under
7-11 this section may include a license fee, license renewal fee,
7-12 examination fee, temporary training permit fee, apprentice license
7-13 fee, duplicate document fee, and other fees as necessary to
7-14 administer this Act. <The fees for administering this Act shall be
7-15 as follows:>
7-16 <1. Temporary Training Permit $200>
7-17 <2. Examination Fee 250>
7-18 <3. Apprentice License Fee 300>
7-19 <4. License Fee 220>
7-20 <5. License Renewal Fee 440>
7-21 <6. Duplicate Document Fee 50>
7-22 (b) The hearing instrument dispensers licensing account is
7-23 created in the general revenue fund. Funds in the account may be
7-24 used by the committee and department only for the administration of
7-25 this Act. Fees received under this Act shall be deposited in the
7-26 general revenue fund to the credit of the account. Sections
7-27 403.094 and 403.095, Government Code, do not apply to the hearing
8-1 instrument dispensers licensing account. <The committee shall,
8-2 every third work day, remit to the state treasurer all of the fees
8-3 collected by the committee during the preceding month for deposit
8-4 in the general revenue fund.>
8-5 (c) <Funds for the administration of this Act shall be
8-6 provided by the General Appropriations Act from the general revenue
8-7 fund.> The financial transactions of the committee are subject to
8-8 audit by the state auditor in accordance with Chapter 321,
8-9 Government Code.
8-10 SECTION 7. Sections 16A(a), (b), and (d), Chapter 366, Acts
8-11 of the 61st Legislature, Regular Session, 1969 (Article 4566-1.16A,
8-12 Vernon's Texas Civil Statutes), are amended to read as follows:
8-13 (a) A sole proprietor, partnership, corporation, or other
8-14 legal entity engaged in the fitting and dispensing of hearing
8-15 instruments <A license holder> shall file a bond or a surety in
8-16 lieu of a bond in the amount of $10,000 with the committee
8-17 conditioned on the <license holder's> promise to pay all:
8-18 (1) taxes and contributions due to the state and
8-19 political subdivisions of the state by the sole proprietor,
8-20 partnership, corporation, or other legal entity; and
8-21 (2) judgments that the sole proprietor, partnership,
8-22 corporation, or other legal entity <license holder> may be
8-23 required to pay for negligently or improperly dispensing hearing
8-24 instruments or for breaching a contract relating to the dispensing
8-25 of hearing instruments.
8-26 (b) A sole proprietor, partnership, corporation, or other
8-27 legal entity subject to Subsection (a) of this section <A license
9-1 holder> may file with the committee a cash deposit or other
9-2 negotiable security acceptable to the committee in the amount
9-3 required in Subsection (a) of this section in lieu of a bond.
9-4 (d) The purchaser of a hearing instrument may rescind the
9-5 purchase and recover as provided by this section for:
9-6 (1) a material misstatement of fact or
9-7 misrepresentation by a <the> license holder employed by the sole
9-8 proprietor, partnership, corporation, or other legal entity
9-9 regarding the hearing instrument or services to be provided by the
9-10 license holder that were relied on by the purchaser or that induced
9-11 the purchaser to purchase the instrument;
9-12 (2) the failure by the sole proprietor, partnership,
9-13 corporation, or other legal entity <license holder> to provide the
9-14 purchaser with an instrument or with fitting and dispensing
9-15 services that conform to the specifications of the purchase
9-16 agreement;
9-17 (3) the diagnosis of a medical condition unknown to
9-18 the purchaser at the time of the purchase that precludes the
9-19 purchaser's use of the instrument;
9-20 (4) the failure by the sole proprietor, partnership,
9-21 corporation, or other legal entity <license holder> to remedy a
9-22 significant material defect of the hearing instrument within a
9-23 reasonable time;
9-24 (5) the provision by the sole proprietor, partnership,
9-25 corporation, or other legal entity <license holder of a hearing
9-26 instrument> of fitting and dispensing services that are not in
9-27 accordance with accepted industry practices; or
10-1 (6) the failure by a <the> license holder employed by
10-2 the sole proprietor, partnership, corporation, or other legal
10-3 entity to meet the standards of conduct prescribed under this Act
10-4 or by rules adopted under this Act that adversely affects the
10-5 transactions between the purchaser and the license holder or the
10-6 sole proprietorship, partnership, corporation, or other legal
10-7 entity.
10-8 SECTION 8. Section 16B, Chapter 366, Acts of the 61st
10-9 Legislature, Regular Session, 1969 (Article 4566-1.16B, Vernon's
10-10 Texas Civil Statutes), is amended to read as follows:
10-11 Sec. 16B. Ownership of dispensing practice. (a) A person
10-12 who owns, maintains, or operates an office or place of business
10-13 where the person employs or engages under contract a person who
10-14 practices the fitting and dispensing of hearing instruments shall
10-15 be considered also to be engaged in the practice of fitting and
10-16 dispensing of hearing instruments under this Act. If the person
10-17 who owns, maintains, or operates an office or place of business
10-18 under this subsection is a partnership, each partner must be
10-19 licensed as provided by this section. If the person who owns,
10-20 maintains, or operates an office or place of business under this
10-21 subsection is a corporation or other legal entity, the chief
10-22 executive officer of the corporation or entity must be licensed as
10-23 provided by this section.
10-24 (b) A person who is considered to be practicing the fitting
10-25 and dispensing of hearing instruments under this section shall be
10-26 required to be licensed under this Act or licensed under Chapter
10-27 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
11-1 4512j, Vernon's Texas Civil Statutes), <and its subsequent
11-2 amendments,> as an audiologist.
11-3 SECTION 9. This Act takes effect September 1, 1995.
11-4 SECTION 10. The change in law made by this Act to Section
11-5 9(f), Chapter 366, Acts of the 61st Legislature, Regular Session,
11-6 1969 (Article 4566-1.09, Vernon's Texas Civil Statutes), regarding
11-7 the requirements for a person holding a temporary training permit
11-8 applies only to a person holding a temporary training permit issued
11-9 on or after the effective date of this Act. A person holding a
11-10 temporary training permit issued before that date is governed by
11-11 the law in effect at the time the permit was issued, and the former
11-12 law is continued in effect for that purpose.
11-13 SECTION 11. The importance of this legislation and the
11-14 crowded condition of the calendars in both houses create an
11-15 emergency and an imperative public necessity that the
11-16 constitutional rule requiring bills to be read on three several
11-17 days in each house be suspended, and this rule is hereby suspended.