1-1 By: King (Senate Sponsor - Wentworth) H.B. No. 1765
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the fitting and dispensing of hearing
1-9 instruments.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 1, Chapter 366, Acts of the 61st
1-12 Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
1-13 Texas Civil Statutes), is amended by amending Subdivisions (3) and
1-14 (13) and adding Subdivisions (14) and (15) to read as follows:
1-15 (3) "Temporary training permit" means a permit issued
1-16 by the committee to persons authorized to fit and dispense hearing
1-17 instruments only under the direct or indirect supervision, as
1-18 appropriate, of a person who holds a license under this Act.
1-19 (13) "Direct supervision" means the requirement of the
1-20 <physical> presence of the supervisor on the premises and the
1-21 availability of the supervisor for prompt consultation <any time a
1-22 temporary permit holder is engaged in services related to the
1-23 fitting, dispensing, and sales of hearing instruments>.
1-24 (14) "Indirect supervision" means the daily review by
1-25 a supervisor of a temporary training permit holder's patient
1-26 contact and daily work.
1-27 (15) "Contact hour" means a period of time equal to 55
1-28 minutes.
1-29 SECTION 2. Section 2(a), Chapter 366, Acts of the 61st
1-30 Legislature, Regular Session, 1969 (Article 4566-1.02, Vernon's
1-31 Texas Civil Statutes), is amended to read as follows:
1-32 (a) The State Committee of Examiners in the Fitting and
1-33 Dispensing of Hearing Instruments is within the Texas Department of
1-34 Health and is composed of nine members appointed by the governor
1-35 with the advice and consent of the senate. Appointments shall be
1-36 made without regard to the race, creed, sex, religion, or national
1-37 origin of the appointees. The committee members must have the
1-38 following qualifications:
1-39 (1) six committee members must possess a hearing
1-40 instrument dispenser's license under this Act and have been
1-41 residents of this state actually engaged in fitting and dispensing
1-42 hearing instruments for at least five years preceding their
1-43 appointment; not <no> more than one person <two persons> licensed
1-44 under Chapter 381, Acts of the 68th Legislature, Regular Session,
1-45 1983 (Article 4512j, Vernon's Texas Civil Statutes), is <and its
1-46 subsequent amendments, are> eligible to serve as a member
1-47 <members> of the committee;
1-48 (2) two committee members must be members of the
1-49 general public, each of whom is eligible for appointment as a
1-50 public member only if the person and the person's spouse are not
1-51 licensed by an occupational regulatory agency in the field of
1-52 health care; are not employed by and do not participate in the
1-53 management of a business entity or other organization that provides
1-54 health-care services or that sells, manufactures, or distributes
1-55 health-care supplies or equipment; and do not own, control, or
1-56 have, directly or indirectly, an interest in a business entity or
1-57 other organization that provides health-care services or that
1-58 sells, manufactures, or distributes health-care supplies or
1-59 equipment; and
1-60 (3) one committee member must be a citizen of the
1-61 United States and a resident of this state for at least two years
1-62 preceding the person's appointment, be an active practicing
1-63 physician or surgeon licensed to practice in this state by the
1-64 Texas State Board of Medical Examiners, and specialize in the
1-65 practice of otolaryngology and may not have a financial interest in
1-66 a hearing instrument manufacturing company or a wholesale or retail
1-67 hearing instrument company.
1-68 SECTION 3. Section 6(b), Chapter 366, Acts of the 61st
2-1 Legislature, Regular Session, 1969 (Article 4566-1.06, Vernon's
2-2 Texas Civil Statutes), is amended to read as follows:
2-3 (b) The applicant shall:
2-4 (1) apply <must make application> to the committee on
2-5 forms to be furnished by the committee, including sworn evidence
2-6 that the applicant has attained the age of majority and has
2-7 graduated from an accredited high school or equivalent and
2-8 providing other information as the committee may deem necessary for
2-9 the enforcement of this Act; and
2-10 (2) pay any required fees for application and
2-11 examination.
2-12 SECTION 4. Section 9, Chapter 366, Acts of the 61st
2-13 Legislature, Regular Session, 1969 (Article 4566-1.09, Vernon's
2-14 Texas Civil Statutes), is amended by amending Subsections (a), (e),
2-15 (f), and (h) and adding Subsection (l) to read as follows:
2-16 (a)(1) The committee shall grant a temporary training permit
2-17 to fit and dispense hearing instruments to any person applying to
2-18 the committee who has never taken the examination provided in the
2-19 Act and who possesses the qualifications in Subsection (b) of
2-20 Section 6 of this Act, on written application to the committee.
2-21 The applicant must pay the temporary training permit fee and make
2-22 application on forms to be furnished by the committee furnishing
2-23 sworn evidence that the applicant possesses the qualifications
2-24 contained in Subsection (b), Section 6, of this Act, that the
2-25 applicant has never taken the examination provided in this Act, and
2-26 that the applicant has never previously been issued in this state a
2-27 temporary training permit to fit and dispense hearing instruments.
2-28 (2) Students of audiology in an accredited college or
2-29 university program are exempt from the provisions of this Act,
2-30 provided that their activities and services constitute a part of
2-31 their supervised course of study or practicum experience. Such
2-32 students are subject to the provisions of Chapter 381, Acts of the
2-33 68th Legislature, Regular Session, 1983 (Article 4512j, Vernon's
2-34 Texas Civil Statutes)<, and its subsequent amendments>.
2-35 (e) The committee shall establish educational guidelines,
2-36 both formal and practical, for the training of temporary training
2-37 permit holders. The training guidelines must include directions to
2-38 the training supervisor about the subject matter to be taught,
2-39 length of the training, extent of a trainee's contact with the
2-40 public, and responsibility of the training supervisor for direct
2-41 and indirect supervision of all aspects of the training. A trainee
2-42 shall be required to have at least 150 hours of directly supervised
2-43 practicum that shall include the following:
2-44 (1) 25 contact hours of pure tone air conduction, bone
2-45 conduction, and speech audiometry, recorded and live voice with 15
2-46 of the required hours being with actual clients;
2-47 (2) 25 client contact hours of hearing instrument
2-48 evaluations including sound field measurements with recorded and
2-49 live voice;
2-50 (3) 20 contact hours of instrument fittings with
2-51 actual clients;
2-52 (4) 10 contact hours of earmold orientation types,
2-53 uses, and terminology;
2-54 (5) 5 contact <15> hours of earmold impressions and
2-55 otoscopic examinations of the ear;
2-56 (6) 15 contact hours of troubleshooting of defective
2-57 hearing instruments;
2-58 (7) 20 contact hours of case history with actual
2-59 clients;
2-60 (8) 10 contact hours of the laws governing the
2-61 licensing of persons fitting and dispensing hearing instruments and
2-62 federal Food and Drug Administration and Federal Trade Commission
2-63 regulations relating to the fitting and dispensing of hearing
2-64 instruments; and
2-65 (9) 20 contact <10> hours of supplemental work in one
2-66 or more of the above areas.
2-67 (f) <The length of the training may not be shorter than 200
2-68 days.> The training period begins on the date of the issuance of
2-69 the temporary permit. On completion of the 150 hours of directly
2-70 supervised practicum under Subsection (e) of this section, a
3-1 temporary training permit holder shall complete the permit holder's
3-2 training under the indirect supervision of the permit holder's
3-3 supervisor.
3-4 (h) A supervisor of a temporary training permit holder must
3-5 be licensed under this Act. Supervision of a permit holder shall
3-6 entail direct and indirect supervision by the supervisor as
3-7 appropriate. A supervisor may not supervise more than two trainees
3-8 at any one time. A supervisor shall maintain a log of the contact
3-9 hours by practicum category on a form supplied by the committee.
3-10 On completion of the 150 contact hours, the form shall be signed by
3-11 the supervisor and the temporary training permit holder, notarized,
3-12 and mailed to the committee.
3-13 (l) A temporary training permit holder may provide routine
3-14 fitting and dispensing that has been ordered by the permit holder's
3-15 supervisor. The supervisor is the sole judge of whether the
3-16 temporary training permit holder has the qualifications necessary
3-17 for the performance of routine fitting and dispensing. A
3-18 supervisor is accountable to the committee for the actions and
3-19 misdeeds of a temporary training permit holder acting at the
3-20 supervisor's discretion.
3-21 SECTION 5. Sections 9A(a) and (c), Chapter 366, Acts of the
3-22 61st Legislature, Regular Session, 1969 (Article 4566-1.09A,
3-23 Vernon's Texas Civil Statutes), are amended to read as follows:
3-24 (a) A temporary training permit holder who has taken all
3-25 parts of the examination given by the committee and has passed all
3-26 parts of the examination with a score of 70 percent or greater and
3-27 paid the required fees shall be issued an apprentice permit to fit
3-28 and dispense hearing instruments. An apprentice permit remains
3-29 valid for one year unless it is extended by the committee for an
3-30 additional period not to exceed six months.
3-31 (c) A hearing instrument dispenser's license shall be issued
3-32 to an apprentice permit holder when the committee has received
3-33 sufficient evidence that the apprentice permit holder has met all
3-34 the requirements of this Act for a hearing instrument dispenser's
3-35 license. <Audiologists and audiology interns licensed under
3-36 Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
3-37 (Article 4512j, Vernon's Texas Civil Statutes), and its subsequent
3-38 amendments, are exempt from the provisions of this Act.>
3-39 SECTION 6. Section 12, Chapter 366, Acts of the 61st
3-40 Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
3-41 Texas Civil Statutes), is amended to read as follows:
3-42 Sec. 12. Fees and expenses. (a) The committee by rule
3-43 shall adopt reasonable and necessary fees so that the fees, in the
3-44 aggregate, produce sufficient revenue to cover the costs of
3-45 administering this Act. The fees adopted by the committee under
3-46 this section may include a license fee, license renewal fee,
3-47 examination fee, temporary training permit fee, apprentice license
3-48 fee, duplicate document fee, and other fees as necessary to
3-49 administer this Act. <The fees for administering this Act shall be
3-50 as follows:>
3-51 <1. Temporary Training Permit $200>
3-52 <2. Examination Fee 250>
3-53 <3. Apprentice License Fee 300>
3-54 <4. License Fee 220>
3-55 <5. License Renewal Fee 440>
3-56 <6. Duplicate Document Fee 50>
3-57 (b) The hearing instrument dispensers licensing account is
3-58 created in the general revenue fund. Funds in the account may be
3-59 used by the committee and department only for the administration of
3-60 this Act. Fees received under this Act shall be deposited in the
3-61 general revenue fund to the credit of the account. <The committee
3-62 shall, every third work day, remit to the state treasurer all of
3-63 the fees collected by the committee during the preceding month for
3-64 deposit in the general revenue fund.>
3-65 (c) <Funds for the administration of this Act shall be
3-66 provided by the General Appropriations Act from the general revenue
3-67 fund.> The financial transactions of the committee are subject to
3-68 audit by the state auditor in accordance with Chapter 321,
3-69 Government Code.
3-70 SECTION 7. Sections 16A(a), (b), and (d), Chapter 366, Acts
4-1 of the 61st Legislature, Regular Session, 1969 (Article 4566-1.16A,
4-2 Vernon's Texas Civil Statutes), are amended to read as follows:
4-3 (a) A sole proprietor, partnership, corporation, or other
4-4 legal entity engaged in the fitting and dispensing of hearing
4-5 instruments <A license holder> shall file a bond or a surety in
4-6 lieu of a bond in the amount of $10,000 with the committee
4-7 conditioned on the <license holder's> promise to pay all:
4-8 (1) taxes and contributions due to the state and
4-9 political subdivisions of the state by the sole proprietor,
4-10 partnership, corporation, or other legal entity; and
4-11 (2) judgments that the sole proprietor, partnership,
4-12 corporation, or other legal entity <license holder> may be
4-13 required to pay for negligently or improperly dispensing hearing
4-14 instruments or for breaching a contract relating to the dispensing
4-15 of hearing instruments.
4-16 (b) A sole proprietor, partnership, corporation, or other
4-17 legal entity subject to Subsection (a) of this section <A license
4-18 holder> may file with the committee a cash deposit or other
4-19 negotiable security acceptable to the committee in the amount
4-20 required in Subsection (a) of this section in lieu of a bond.
4-21 (d) The purchaser of a hearing instrument may rescind the
4-22 purchase and recover as provided by this section for:
4-23 (1) a material misstatement of fact or
4-24 misrepresentation by a <the> license holder employed by the sole
4-25 proprietor, partnership, corporation, or other legal entity
4-26 regarding the hearing instrument or services to be provided by the
4-27 license holder that were relied on by the purchaser or that induced
4-28 the purchaser to purchase the instrument;
4-29 (2) the failure by the sole proprietor, partnership,
4-30 corporation, or other legal entity <license holder> to provide the
4-31 purchaser with an instrument or with fitting and dispensing
4-32 services that conform to the specifications of the purchase
4-33 agreement;
4-34 (3) the diagnosis of a medical condition unknown to
4-35 the purchaser at the time of the purchase that precludes the
4-36 purchaser's use of the instrument;
4-37 (4) the failure by the sole proprietor, partnership,
4-38 corporation, or other legal entity <license holder> to remedy a
4-39 significant material defect of the hearing instrument within a
4-40 reasonable time;
4-41 (5) the provision by the sole proprietor, partnership,
4-42 corporation, or other legal entity <license holder of a hearing
4-43 instrument> of fitting and dispensing services that are not in
4-44 accordance with accepted industry practices; or
4-45 (6) the failure by a <the> license holder employed by
4-46 the sole proprietor, partnership, corporation, or other legal
4-47 entity to meet the standards of conduct prescribed under this Act
4-48 or by rules adopted under this Act that adversely affects the
4-49 transactions between the purchaser and the license holder or the
4-50 sole proprietorship, partnership, corporation, or other legal
4-51 entity.
4-52 SECTION 8. Section 16B, Chapter 366, Acts of the 61st
4-53 Legislature, Regular Session, 1969 (Article 4566-1.16B, Vernon's
4-54 Texas Civil Statutes), is amended to read as follows:
4-55 Sec. 16B. Ownership of dispensing practice. (a) A person
4-56 who owns, maintains, or operates an office or place of business
4-57 where the person employs or engages under contract a person who
4-58 practices the fitting and dispensing of hearing instruments shall
4-59 be considered also to be engaged in the practice of fitting and
4-60 dispensing of hearing instruments under this Act. If the person
4-61 who owns, maintains, or operates an office or place of business
4-62 under this subsection is a partnership, each partner must be
4-63 licensed as provided by this section. If the person who owns,
4-64 maintains, or operates an office or place of business under this
4-65 subsection is a corporation or other legal entity, the chief
4-66 executive officer of the corporation or entity must be licensed as
4-67 provided by this section.
4-68 (b) A person who is considered to be practicing the fitting
4-69 and dispensing of hearing instruments under this section shall be
4-70 required to be licensed under this Act or licensed under Chapter
5-1 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
5-2 4512j, Vernon's Texas Civil Statutes), <and its subsequent
5-3 amendments,> as an audiologist.
5-4 SECTION 9. Section 19, Chapter 366, Acts of the 61st
5-5 Legislature, Regular Session, 1969 (Article 4566-1.19, Vernon's
5-6 Texas Civil Statutes), is amended to read as follows:
5-7 Sec. 19. EXCEPTIONS. Nothing in this Act shall be construed
5-8 to apply to the following:
5-9 (1) Persons engaged in the practice of measuring human
5-10 hearing as a part of the academic curriculum of an accredited
5-11 institution of higher learning, provided such persons or their
5-12 employees do not sell hearing aids.
5-13 (2) Physicians and surgeons duly licensed by the Texas
5-14 State Board of Medical Examiners and qualified to practice in the
5-15 State of Texas.
5-16 (3) An individual with a master's or doctorate degree
5-17 in audiology from an accredited college or university may engage in
5-18 the measurement of human hearing by the use of an audiometer or by
5-19 any means for the purpose of making selections and adaptations of
5-20 or recommendations for a hearing aid and the making of impressions
5-21 for earmolds to be used as part of a hearing aid, provided such
5-22 persons do not sell hearing aids.
5-23 (4) An audiologist or an audiology intern licensed
5-24 under Chapter 381, Acts of the 68th Legislature, Regular Session,
5-25 1983 (Article 4512j, Vernon's Texas Civil Statutes), is exempt from
5-26 the provisions of this Act.
5-27 SECTION 10. This Act takes effect September 1, 1995.
5-28 SECTION 11. The change in law made by this Act to Section
5-29 9(f), Chapter 366, Acts of the 61st Legislature, Regular Session,
5-30 1969 (Article 4566-1.09, Vernon's Texas Civil Statutes), regarding
5-31 the requirements for a person holding a temporary training permit
5-32 applies only to a person holding a temporary training permit issued
5-33 on or after the effective date of this Act. A person holding a
5-34 temporary training permit issued before that date is governed by
5-35 the law in effect at the time the permit was issued, and the former
5-36 law is continued in effect for that purpose.
5-37 SECTION 12. The importance of this legislation and the
5-38 crowded condition of the calendars in both houses create an
5-39 emergency and an imperative public necessity that the
5-40 constitutional rule requiring bills to be read on three several
5-41 days in each house be suspended, and this rule is hereby suspended.
5-42 * * * * *