By Van de Putte H.B. No. 3415
76R9323 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of mail order sales of hearing instruments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.01, Chapter 366, Acts of the 61st
1-5 Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
1-6 Texas Civil Statutes), is amended by adding Subdivision (16) to
1-7 read as follows:
1-8 (16) "Mail order sales" means the transfer of title or
1-9 of the right to use by lease, bailment, or any other contract from
1-10 any person whose primary business is the sale of hearing
1-11 instruments, and who is located in a state of the United State
1-12 other than this state.
1-13 SECTION 2. Section 1.01A, Chapter 366, Acts of the 61st
1-14 Legislature, Regular Session, 1969 (Article 4566-1.01A, Vernon's
1-15 Texas Civil Statutes), is amended to read as follows:
1-16 Sec. 1.01A. Policy. It is the policy of this state to:
1-17 (1) safeguard the health and welfare of the
1-18 communicatively handicapped people of this state from the
1-19 dispensing of hearing instruments by unskilled or unprincipled
1-20 practitioners;
1-21 (2) establish and enforce standards of practitioner
1-22 competency;
1-23 (3) provide regulatory authority over practitioners
1-24 offering hearing instrument dispensing services to the public; and
2-1 (4) ensure professional ethical conduct in the
2-2 dispensing of hearing aid devices or instruments.
2-3 SECTION 3. Section 1.15, Chapter 366, Acts of the 61st
2-4 Legislature, Regular Session, 1969 (Article 4566-1.15, Vernon's
2-5 Texas Civil Statutes), is amended to read as follows:
2-6 Sec. 1.15. Prohibited acts; (a) It is unlawful for any
2-7 person to:
2-8 (1) buy, sell, or fraudulently obtain a license to fit
2-9 and dispense hearing instruments or aid another in any of those
2-10 activities;
2-11 (2) alter a license to fit and dispense hearing
2-12 instruments with the intent to defraud;
2-13 (3) willfully make a false statement in an application
2-14 to the committee for a license, for a temporary training permit, or
2-15 for the renewal of a license;
2-16 (4) falsely impersonate any person licensed as a
2-17 fitter and dispenser of hearing instruments under this Act;
2-18 (5) offer or represent that the person is authorized
2-19 to fit and dispense hearing instruments, or use in connection with
2-20 the person's name any designation tending to imply that the person
2-21 is authorized to engage in the fitting and dispensing of hearing
2-22 instruments, if the person is not licensed under the provisions of
2-23 this Act;
2-24 (6) engage in the fitting and dispensing of hearing
2-25 instruments during the time the person's license shall be
2-26 cancelled, suspended, or revoked;
2-27 (7) dispense or fit a hearing instrument on any
3-1 individual who has ordered the hearing instrument or device by
3-2 mail, unless the person dispensing and fitting the hearing
3-3 instrument or device is licensed under this Act or under Chapter
3-4 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
3-5 4512j, Vernon's Texas Civil Statutes), and its subsequent
3-6 amendments; or
3-7 (8) offer for sale or sell [selling] hearing
3-8 instruments by mail.
3-9 (b)(1) It is unlawful for any person not a licensed
3-10 dispenser of hearing instruments or a holder of a temporary
3-11 training permit or an apprentice permit provided in this Act, or a
3-12 licensed physician or surgeon to do any one act or thing or any
3-13 combination of acts or things named or described in this section.
3-14 (2) Any offer for sale or sale of a hearing instrument
3-15 in this state must include the fitting of the hearing device prior
3-16 to the sale.
3-17 (3) Nothing in this Act is intended to prohibit
3-18 advertising by mail or delivery of a hearing device by mail if the
3-19 fitting and sale were completed in this state.
3-20 SECTION 4. Section 1.16A, Chapter 366, Acts of the 61st
3-21 Legislature, Regular Session, 1969 (Article 4566-1.16A(a), Vernon's
3-22 Texas Civil Statutes), is amended to read as follows:
3-23 Sec. 1.16A. Surety bonding. (a) A sole proprietor,
3-24 partnership, corporation, or other legal entity regardless of
3-25 location, engaged in the sale or offer of sale or fitting and
3-26 dispensing of hearing instruments shall file a bond or a surety in
3-27 lieu of a bond in the amount of $10,000 with the committee
4-1 conditioned on the promise to pay all:
4-2 (1) taxes and contributions due to the state and
4-3 political subdivisions of the state by the sole practitioner,
4-4 partnership, corporation, or other legal entity; and
4-5 (2) judgments that the sole practitioner, partnership,
4-6 corporation, or other legal entity may be required to pay for
4-7 negligently or improperly dispensing hearing instruments or for
4-8 breaching a contract relating to the dispensing of hearing
4-9 instruments.
4-10 SECTION 5. Section 9, Chapter 381, Acts of the 68th
4-11 Legislature, Regular Session, 1983 (Article 4512j-9 Vernon's Texas
4-12 Civil Statutes), is amended by adding subdivisions (e) and (f) to
4-13 read as follows:
4-14 (e) A licensed hearing aid fitter and dispenser or licensed
4-15 audiologist may not offer for sale or sell a hearing instrument in
4-16 this state without including the fitting of the hearing device
4-17 prior to the sale.
4-18 (f) Nothing in this Act is intended to prohibit advertising
4-19 by mail or delivery of a hearing device by mail if the fitting and
4-20 sale were completed in this state.
4-21 SECTION 6. This Act takes effect September 1, 1999.
4-22 SECTION 7. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.