By Madla S.B. No. 1334
76R9317 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the mail order sales of hearing
1-3 instruments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.01, 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 adding Subdivision (16) to
1-8 read as follows:
1-9 (16) "Mail order sales" means the transfer of title or
1-10 of the right to use by lease, bailment, or any other contract from
1-11 any person whose primary business is the sale of hearing
1-12 instruments, and who is located in a state of the United States
1-13 other than this state.
1-14 SECTION 2. Section 1.01A, Chapter 366, Acts of the 61st
1-15 Legislature, Regular Session, 1969 (Article 4566-1.01A, Vernon's
1-16 Texas Civil Statutes), is amended to read as follows:
1-17 Sec. 1.01A. Policy. It is the policy of this state to:
1-18 (1) safeguard the health and welfare of the
1-19 communicatively handicapped people of this state from the
1-20 dispensing of hearing instruments by unskilled or unprincipled
1-21 practitioners including but not limited to mail order sales;
1-22 (2) establish and enforce standards of practitioner
1-23 competency;
1-24 (3) provide regulatory authority over practitioners
2-1 offering hearing instrument dispensing services to the public; and
2-2 (4) ensure professional ethical conduct in the
2-3 dispensing of hearing aid devices or instruments.
2-4 SECTION 3. Section 1.15, Chapter 366, Acts of the 61st
2-5 Legislature, Regular Session, 1969 (Article 4566-1.15, Vernon's
2-6 Texas Civil Statutes), is amended to read as follows:
2-7 Sec. 1.15. Prohibited acts. (a) It is unlawful for any
2-8 person to:
2-9 (1) buy, sell, or fraudulently obtain a license to fit
2-10 and dispense hearing instruments or aid another in any of those
2-11 activities;
2-12 (2) alter a license to fit and dispense hearing
2-13 instruments with the intent to defraud;
2-14 (3) willfully make a false statement in an application
2-15 to the committee for a license, for a temporary training permit, or
2-16 for the renewal of a license;
2-17 (4) falsely impersonate any person licensed as a
2-18 fitter and dispenser of hearing instruments under this Act;
2-19 (5) offer or represent that the person is authorized
2-20 to fit and dispense hearing instruments, or use in connection with
2-21 the person's name any designation tending to imply that the person
2-22 is authorized to engage in the fitting and dispensing of hearing
2-23 instruments, if the person is not licensed under the provisions of
2-24 this Act;
2-25 (6) engage in the fitting and dispensing of hearing
2-26 instruments during the time the person's license shall be
2-27 cancelled, suspended, or revoked;
3-1 (7) dispense or fit a hearing instrument on any
3-2 individual who has ordered the hearing instrument or device by
3-3 mail[, unless the person dispensing and fitting the hearing
3-4 instrument or device is licensed under this Act or under Chapter
3-5 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
3-6 4512j, Vernon's Texas Civil Statutes), and its subsequent
3-7 amendments]; or
3-8 (8) offer for sale or sell [selling] hearing
3-9 instruments by mail.
3-10 (b) It is unlawful for any person not a licensed dispenser
3-11 of hearing instruments or a holder of a temporary training permit
3-12 or an apprentice permit provided in this Act, or a licensed
3-13 physician or surgeon to do any one act or thing or any combination
3-14 of acts or things named or described in this section.
3-15 SECTION 4. Section 9A, Chapter 381, Acts of the 68th
3-16 Legislature, Regular Session, 1983 (Article 4512j-9A Vernon's Texas
3-17 Civil Statutes), is amended by adding subdivision (e) to read as
3-18 follows:
3-19 (e) A licensed hearing aid fitter and dispenser or licensed
3-20 audiologist may not fit a hearing instrument on any individual who
3-21 has ordered the instrument or device by mail nor may a licensed
3-22 hearing aid fitter or dispenser or audiologist offer for sale or
3-23 sell hearing instruments by mail.
3-24 SECTION 5. This Act takes effect September 1, 1999.
3-25 SECTION 6. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.