By: Goldman H.B. No. 2699
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to clarifying and updating examination provisions for
  hearing instrument fitters and dispensers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.104, Occupations Code, is amended to
  read as follows:
         Sec. 402.104.  POWERS AND DUTIES REGARDING EXAMINATION. (a)
  The department shall develop and maintain an examination that may
  include a written[, oral,] or practical tests. The department
  shall administer or arrange for the administration and validation
  of the examination.
         (b)  [The examination shall be administered at least twice
  each year.
         [(c)     The examination must be validated by an independent
  testing professional.
         [(d)]  The practical test [examination] must be administered
  by one or more qualified proctors selected and assigned by the
  department.
         (c) [(e)]  The commission by rule shall establish the
  qualifications for a proctor. The rules must:
               (1)  require a proctor to be licensed in good standing
  as a hearing instrument fitter and dispenser;
               (2)  specify the number of years a proctor must be
  licensed as a hearing instrument fitter and dispenser; and
               (3)  specify the disciplinary actions or other actions
  that disqualify a person from serving as a proctor.
         SECTION 2.  Section 402.204(a), Occupations Code, is amended
  to read as follows:
         Sec. 402.204.  CONTENTS OF EXAMINATION. (a) The
  examination must consist of written and [, oral, or] practical
  tests that are objective in method and applied in a consistent
  manner.
         SECTION 3.  Section 402.205, Occupations Code, is amended to
  read as follows:
         Sec. 402.205.  EXAMINATION PROCEDURES. (a) The department
  or the department's designee shall give each applicant due notice
  of the date and place of the examination and the subjects, areas,
  and skills that will be included in the examination. A change may
  not be made in those subjects, areas, and skills after the date of
  the examination has been announced and publicized.
         (b)  An examination shall be conducted in writing and by
  other means the department determines adequate to ascertain the
  qualifications of applicants.
         (c)  An [On reexamination, an] applicant who previously
  failed an examination or test [an examination] may retake the
  examination or test.
         (d)  An applicant who previously failed a practical test may
  be retested [be examined] only on those portions of the practical
  test [examination] that the applicant failed.
         SECTION 4.  Section 402.207(a), Occupations Code, is amended
  to read as follows:
         Sec. 402.207.  ISSUANCE OF APPRENTICE PERMIT. (a) The
  department shall issue an apprentice permit to fit and dispense
  hearing instruments to a temporary training permit holder who has:
               (1)  passed the required [all parts of the] examination
  [with a score of 70 percent or greater];
               (2)  paid the required fees; and
               (3)  met all requirements of this chapter.
         SECTION 5.  Section 402.209 (e) and (f), Occupations Code,
  are amended to read as follows:
         (e)  If the department approves an application, [on the next
  regularly scheduled examination date] the applicant may take the
  practical test [section of the examination required under Section
  402.202] and a written test [examination] of Texas law administered
  by the department or its designee. [If the applicant passes the
  examinations required under this section, the department shall
  issue to the applicant a license under this chapter.]
         (f)  The department may allow an applicant under this section
  who satisfies all application requirements other than the
  requirement under Subsection (c)(2) to take [all sections of] the
  examination [required under Section 402.202]. [If the applicant
  passes the examination, the department shall issue to the applicant
  a license under this chapter.]
         SECTION 6.  Section 402.203(c), Occupations Code, is
  repealed.
         SECTION 7.  T
  his Act takes effect September 1, 2019.