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.