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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the fitting and dispensing of hearing |
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instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.003. APPLICABILITY OF CHAPTER. (a) Except as |
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provided by Subsections (b) and (c) and Section 402.451(a), this |
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chapter applies only to a person who engages or offers to engage in |
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fitting and dispensing hearing instruments. |
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(b) This chapter does not apply to: |
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(1) a person engaged in the practice of measuring |
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human hearing as a part of the academic curriculum of an accredited |
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institution of higher learning if the person or the person's |
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employees do not sell hearing instruments; |
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(2) a physician licensed by the Texas Medical Board; |
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(3) a person with a master's degree or doctorate in |
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audiology from an accredited college or university who does not |
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sell hearing instruments, to the extent the person engages in the |
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measurement of human hearing by the use of an audiometer or by any |
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other means to make selections and adaptations of or |
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recommendations for a hearing instrument and to make impressions |
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for earmolds to be used as part of a hearing instrument; |
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(4) an audiologist or an audiology intern licensed |
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under Chapter 401, except as may otherwise be provided by the |
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following provisions, which refer to Chapter 401: |
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(A) Section 402.051(a)(1); |
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(B) Section 402.202(b); |
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(C) Section 402.252; |
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(D) Section 402.255(a); and |
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(E) Section 402.406(a); and |
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[(F) Section 402.451(a)(6); and] |
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(5) a student of audiology in an accredited college or |
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university program, if the student's activities and services are |
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part of the student's supervised course of study or practicum |
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experience. |
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(c) [(b)] A student described by Subsection (b)(5) [(a)(5)] |
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is subject to Chapter 401. |
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SECTION 2. Section 402.201, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.201. LICENSE OR PERMIT REQUIRED. Unless a person |
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holds a license or permit issued under this chapter, the [A] person |
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may not: |
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(1) engage or offer to engage in fitting and |
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dispensing hearing instruments; |
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(2) represent that the person is authorized to fit and |
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dispense hearing instruments; [,] or |
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(3) use in connection with the person's name any |
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designation tending to imply that the person is authorized to |
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engage in the fitting and dispensing of hearing instruments[,
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unless the person holds a license or is otherwise authorized to do
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so under this chapter]. |
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SECTION 3. Section 402.451(a), Occupations Code, is amended |
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to read as follows: |
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(a) A person may not: |
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(1) buy, sell, or fraudulently obtain a license or aid |
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another person to do so; |
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(2) alter a license with the intent to defraud; |
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(3) wilfully make a false statement in an application |
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to the committee for a license, a temporary training permit, or the |
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renewal of a license; |
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(4) falsely impersonate a license holder; or |
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(5) engage in the fitting and dispensing of hearing |
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instruments when the person's license is suspended or revoked[;
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[(6)
dispense or fit a hearing instrument on a person
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who has ordered the hearing instrument or device by mail unless the
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person dispensing or fitting is a license holder under this chapter
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or under Chapter 401; or
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[(7) sell a hearing instrument by mail]. |
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SECTION 4. This Act takes effect September 1, 2015. |