By:  Rodriguez                                                    H.B. No. 3301



A BILL TO BE ENTITLED

AN ACT

relating to hearing tests and the fitting and dispensing of hearing 
instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The following sections of the Occupations Code 
are repealed:     
		(1)  Sections 401.2535(h) and (i); and                                        
		(2)  Sections 402.154(h) and (i).                                             
	SECTION 2.  Amend Occupations Code Section 401.403(b) as 
follows:            
	(b)  A person who meets the requirements of this chapter for 
licensing as an audiologist or audiologist intern and who fits and 
dispenses hearing instruments must:
		(1)  register with the board the person's intention to 
fit and dispense hearing instruments;
		(2)  comply with the profession's code of ethics;                             
		(3)  comply with the federal Food and Drug 
Administration guidelines for fitting and dispensing hearing 
instruments;
		(4)  when providing services in this state, use a 
written contract that contains the board's name, mailing address, 
and telephone number;
		(5)  follow the guidelines adopted by board rule for:                  
			(i)  a 30-day trial period on every hearing 
instrument purchased and the automatic renewal of such trial period 
each time a person returns the hearing instrument for repair or 
adjustment, not to exceed six months from the day the instrument was 
first received;
			(ii)  the provision of a free copy of any hearing 
test results to the subject of the test upon request;
			(iii)  a maximum limit on the charges retained by 
the licensee upon return of a hearing instrument during the trial 
period not to exceed the lesser of 10 percent of the total charges 
or $75 per hearing instrument.
	SECTION 3.  Amend Occupations Code Section 402.401 as 
follows:               
	A person who meets the requirements of this chapter for 
licensing as a hearing instrument fitter and dispenser and who fits 
and dispenses hearing instruments must follow the guidelines 
adopted by committee rule [The committee shall establish 
guidelines] for:
	(a)  a 30-day trial period during which a person may cancel 
the purchase of a hearing instrument and the automatic renewal of 
such trial period each time a person returns the hearing instrument 
for repair or adjustment, not to exceed six months from the day the 
instrument was first received;
	(b)  the provision of a free copy of any hearing test results 
to the subject of the test upon request;
	(c)  a maximum limit on the charges retained by the licensee 
upon return of a hearing instrument during the trial period not to 
exceed the lesser of 10 percent of the total charges or $75 per 
hearing instrument.
	SECTION 3.  EFFECTIVE DATE.  This Act takes effect 
immediately if it receives a vote of two-thirds of all the members 
elected to each house, as provided by Section 39, Article III, Texas 
Constitution.  If this Act does not receive the vote necessary for 
immediate effect, this Act takes effect September 1, 2003.