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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of hearing instrument |
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fitters and dispensers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.2021, Occupations Code, is amended |
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to read as follows: |
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Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. The [With |
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the assistance of the advisory board and the Hearing Instrument |
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Fitters and Dispensers Advisory Board, the] commission shall adopt |
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rules to establish requirements for each sale of a hearing |
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instrument for purposes of this chapter and Chapter 402. The rules |
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must: |
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(1) address: |
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(A) the information and other provisions |
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required in each written contract for the purchase of a hearing |
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instrument; |
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(B) records that must be retained under this |
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chapter or Chapter 402; and |
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(C) guidelines for the 30-day trial period during |
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which a person may cancel the purchase of a hearing instrument; and |
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(2) require that the written contract and 30-day trial |
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period information provided to a purchaser of a hearing instrument |
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be in plain language designed to be easily understood by the average |
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consumer. |
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SECTION 2. Section 402.1021, Occupations Code, is amended |
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to read as follows: |
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Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. The [With |
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the assistance of the advisory board and the Speech-Language |
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Pathologists and Audiologists Advisory Board, the] commission |
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shall adopt rules to establish requirements for each sale of a |
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hearing instrument for purposes of this chapter and Chapter 401. |
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The rules must: |
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(1) address: |
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|
(A) the information and other provisions |
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|
required in each written contract for the purchase of a hearing |
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instrument; |
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(B) records that must be retained under this |
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|
chapter or Chapter 401; and |
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(C) guidelines for the 30-day trial period during |
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which a person may cancel the purchase of a hearing instrument; and |
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(2) require that the written contract and 30-day trial |
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period information provided to a purchaser of a hearing instrument |
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be in plain language designed to be easily understood by the average |
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consumer. |
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SECTION 3. Section 402.305, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The |
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department may renew the license of a license holder who does not |
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comply with the applicable continuing education requirements if the |
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license holder[: |
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[(1) was licensed for the first time during the 24 |
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months before the reporting date; or |
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[(2)] submits proof from an attending physician that |
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the license holder suffered a serious or disabling illness or |
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physical disability that prevented compliance with the continuing |
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education requirements during the 24 months before the reporting |
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date. |
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SECTION 4. Section 402.402(a), Occupations Code, is amended |
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to read as follows: |
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(a) A licensed hearing instrument fitter and dispenser may |
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not sell a hearing instrument to a person under 18 years of age |
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unless the prospective user or a parent or guardian of the |
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prospective user has presented to the hearing instrument fitter and |
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dispenser a written statement[,] signed by a licensed physician, |
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including a physician who specializes [specializing] in diseases of |
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the ear, that states that the patient's hearing loss has been |
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medically evaluated and that the patient may be considered a |
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candidate for a hearing instrument. |
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SECTION 5. Section 402.402(a), Occupations Code, as amended |
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by this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |