82(R) SB 663 - Committee Report (Unamended) version

BILL ANALYSIS

S.B. 663

By: Nichols

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments (the Committee) regulates fitters and dispensers of hearing instruments who measure human hearing for the purposes of selecting, adapting, or selling hearing aids. The Committee is administratively attached to the Department of State Health Services (DSHS), housed within its Professional Licensing and Certification Unit.

The Committee’s mission is to protect and promote public health by designing and enforcing licensure rules and regulations for fitters and dispensers of hearing instruments. To achieve its mission, the Committee develops and updates standards of practice for the fitting and dispensing of hearing instruments; administers a written and practical exam for licensure; issues and renews licenses and permits to qualified individuals; and receives and investigates complaints concerning licensees and takes disciplinary action against individuals who violate the Committee’s statute or rules.

The Committee is subject to the Sunset Act and will be abolished on September 1, 2011, unless continued by the Legislature. As a result of its review of the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, the Sunset Advisory Commission recommended continuation of the Committee, and several statutory modifications contained in this legislation to improve the Committee’s licensing practices and consistency of its operations.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments in SECTION 9, SECTION 10, SECTION 19, SECTION 22, and SECTION 24 of this bill.

ANALYSIS

Continuation of the Committee

S.B. 663 continues the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments within DSHS for six years.

Continuing education requirements

S.B. 663 reduces the number of continuing education hours a license holder must complete from 20 hours each year to 20 hours every two years and makes conforming changes throughout the bill to reflect this change. The bill requires the Committee to allow a license holder to obtain at least 10 hours of the required 20 hours of continuing education online, in a single reporting period. The bill also requires the Committee to adopt rules to establish reasonable requirements for continuing education sponsors and courses, and to clearly define what constitutes a manufacturer or non-manufacturer sponsor. S.B. 663 requires DSHS to review and approve continuing education sponsor and course applications, and allows DSHS to request assistance from licensed members of the Committee. The bill transfers certain administrative functions related to continuing education from the Committee to DSHS, including requiring DSHS to provide the list of approved continuing education sponsors and continuing education courses, and the bill authorizes the inclusion of online courses on this list. The bill specifies these continuing education provisions apply only to an application for a license or renewal of a license on or after May 1, 2012.

Requires adoption of joint rules for hearing instrument sales

S.B. 663 requires the Committee and the State Board of Examiners for Speech-Language Pathology and Audiology, with assistance from DSHS, to jointly adopt rules for each hearing instrument sale. The bill requires the rules to address information and other provisions required in each written contract; records that must be maintained; and guidelines for the 30-day trial period for hearing instrument sales. S.B. 663 also requires the written contract and 30-day trial period information to be provided in plain language designed to be easily understood by the average consumer. The bill requires the Committee and the State Board of Examiners for Speech-Language Pathology and Audiology to adopt the joint rules by May 1, 2012.

Removes the residency requirement for out-of-state fitter and dispenser applicants

S.B. 663 removes the statutory requirement that a hearing instrument fitter and dispenser licensed in another state applying for a Texas license provide affirmation that he or she is a Texas resident as part of the licensure application. S.B. 663 also transfers responsibility for reviewing and approving all out-of-state applications for licensure and administrative functions related to this responsibility from the Committee to DSHS.

Improves the Committee’s examination practices

S.B. 663 clarifies the Committee is required to develop and maintain an examination and specifies the examination may include written, oral, or practical tests. The bill requires DSHS to administer or arrange for the administration of the examination. S.B. 663 requires the practical examination be administered by one or more qualified proctors selected and assigned by DSHS. The bill requires the Committee to adopt rules by February 1, 2012 that establish the qualifications for a proctor, including that a proctor must be a fitter and dispenser licensed in good standing, and requires the rules to specify the number of years a proctor must be licensed as a hearing instrument fitter and dispenser, and the disciplinary or other actions that disqualify a person from serving as a proctor.

Aligns key elements of the Committee’s licensing and regulatory functions to common licensing standards

S.B. 663 requires applicants for licensure and license renewal to submit their fingerprints to the Committee or the Department of Public Safety (DPS) to obtain criminal history record information from DPS, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code (Department of Public Safety of the State of Texas). The bill prohibits the Committee from issuing a license or a license renewal to a person who does not comply with this requirement. The bill requires the Committee to conduct fingerprint criminal history checks for licensure, and authorizes DSHS, on behalf of the Committee, to enter into an agreement with DPS to administer a criminal history check. S.B. 663 also authorizes DPS to collect the costs incurred in conducting the criminal history check from each applicant. The bill requires the Committee to adopt rules to implement the criminal history check provisions no later than February 1, 2012. The bill also specifies these provisions apply only to an application for a license or license renewal filed on or after May 1, 2012.

S.B. 663 authorizes the Committee to order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period. For complaints filed on or after the effective date of this Act, S.B. 663 requires Committee members who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint to recuse themselves from voting on the matter. The bill also requires the Committee to include at least one public member on each of its subcommittees.

S.B. 663 requires the Committee, by rule, to adopt procedures governing informal proceedings and informal settlement conferences. The bill prescribes requirements for the informal settlement procedures and for the panel conducting the conference, and authorizes the Committee to approve, modify, or reject the settlement recommendation of the panel. The bill also authorizes the Committee, after notice and opportunity for a hearing, to issue a cease and desist order for unlicensed practice of hearing instrument fitting and dispensing, and provides a violation of such an order is grounds for imposing an administrative penalty.

Updates and applies standard Sunset across-the-board recommendations

S.B. 663 updates standard Sunset language to prohibit a person from being appointed as a public member to the Committee if the person or person’s spouse has financial ties to the Committee, DSHS, or the healthcare industry. The bill defines “trade association,” and updates standard Sunset language prohibiting a person from serving as a Committee member if the person, or the person’s spouse, is an officer, employee, or paid consultant of a trade association in the field of hearing instrument fitting and dispensing. The bill also applies standard Sunset language requiring the Committee to develop and implement policies that provide the public with a reasonable opportunity to appear before the Committee and speak on any issue under the Committee’s jurisdiction.

S.B. 663 adds standard Sunset language specifying grounds for removing a Committee member and requires the Governor to designate the Committee’s presiding officer. S.B. 663 also adds standard Sunset language requiring members of the Committee to complete training before assuming their duties, generally prescribes the information the training must provide, and entitles Committee members to reimbursement for travel expenses incurred in attending the training.

The bill adds standard Sunset language requiring the Committee to develop and implement policies that clearly separate the policymaking duties of the Committee and the management responsibilities of DSHS staff. The bill provides that the Committee has final authority to administer Chapter 402 of the Occupations Code and direct the actions of DSHS staff in the administration of the Chapter 402 of the Occupations Code, except in the administration of duties specifically imposed on DSHS under this Act. The bill provides that changes to Committee member eligibility apply only to Committee members appointed on or after September 1, 2011.

EFFECTIVE DATE

This Act takes effect September 1, 2011.