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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 402.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.003. APPLICABILITY OF CHAPTER[; EXEMPTIONS]. |
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(a) 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 [State] |
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Board [of Medical Examiners]; [or] |
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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 [(b) An] audiologist or an audiology intern |
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licensed under Chapter 401, except as may otherwise be provided by |
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the 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); |
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(E) Section 402.406(a); and |
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(F) Section 402.451(a)(6); and [is exempt from
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this chapter.] |
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(5) a [(c) A] student of audiology in an accredited |
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college or university program, [is exempt from this chapter] if the |
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student's activities and services are part of the student's |
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supervised course of study or practicum experience. |
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(b) A [The] student described by Subsection (a)(5) is |
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subject to Chapter 401. |
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SECTION 2. Section 402.202(b), Occupations Code, is amended |
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to read as follows: |
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(b) A person licensed under Chapter 401 as an audiologist or |
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an audiology intern who is applying for a license under this chapter |
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is exempt from the examination required under this chapter but must |
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comply with all other requirements under this chapter. |
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SECTION 3. Section 402.207(c), Occupations Code, is amended |
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to read as follows: |
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(c) An apprentice permit holder shall work under the |
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supervision of a licensed hearing instrument dispenser for at least |
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one year. During the apprentice year, the apprentice permit holder |
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shall complete 20 [18] hours of classroom continuing education as |
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required by Section 402.303 for a license holder [in subjects
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required by the committee]. |
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SECTION 4. Section 402.209, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER |
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STATE [LICENSING BY RECIPROCITY]. (a) A person licensed to fit and |
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dispense hearing instruments in another state may apply for a |
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license under this chapter by submitting an application on a form |
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prescribed by the committee. [On application, the committee shall
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waive the examination requirement and issue a license under this
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chapter to a license holder from another state or territory whose
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licensing requirements are equal to or greater than the licensing
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requirements of this chapter.] |
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(b) An applicant for a license under this section must |
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complete the application form completely and accurately. The |
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committee may not consider an incomplete application. If an |
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applicant fails to provide any information required on the |
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application form, the committee shall send the applicant a notice |
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of deficiency that explains the additional information that must be |
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submitted before the committee may review the application. [An
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application for a license under this section must:
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[(1)
be in writing and on a form prescribed by the
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committee;
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[(2)
be accompanied by documentation showing that the
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state, territory, or other authority under which the applicant was
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practicing has minimum requirements equal to or greater than the
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requirements of this chapter; and
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[(3) be filed with the committee.] |
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(c) The committee shall require an applicant for a license |
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under this section to provide as part of the application: |
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(1) written verification that the applicant is |
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licensed in good standing as a fitter and dispenser of hearing |
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instruments in another state and has held the license for at least |
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three years preceding the date of application; |
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(2) written verification that: |
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(A) the requirements to obtain a license to fit |
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and dispense hearing instruments in the state in which the |
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applicant is licensed include passing an examination approved by |
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the committee by rule; or |
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(B) the applicant holds a certification from a |
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professional organization approved by the committee by rule; |
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(3) affirmation that the applicant is a resident of |
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this state; |
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(4) a written statement from the licensing entity in |
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the state in which the applicant is licensed that details any |
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disciplinary action taken by the entity against the applicant; and |
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(5) a statement of the applicant's criminal history |
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acceptable to the committee [In addition to any other documentation
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required by the committee, the committee shall request all written
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records regarding the applicant from the state, territory, or other
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authority under which the applicant was practicing, including:
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[(1) a copy of the written examination;
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[(2) the practicum examination;
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[(3) the outline of the oral examination; and
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[(4)
any other information necessary for the
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committee's decision]. |
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(d) The committee may deny an application under this section |
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based on the applicant's criminal history or history of |
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disciplinary action. |
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(e) If the committee approves an application, on the next |
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regularly scheduled examination date the applicant may take the |
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practical section of the examination required under Section 402.202 |
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and a written examination of Texas law administered by the |
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committee. If the applicant passes the examinations required under |
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this section, the committee shall issue to the applicant a license |
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under this chapter. |
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(f) The committee may allow an applicant under this section |
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who satisfies all application requirements other than the |
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requirement under Subsection (c)(2) to take all sections of the |
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examination required under Section 402.202. If the applicant passes |
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the examination, the committee shall issue to the applicant a |
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license under this chapter. |
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(g) An applicant under this section who fails an examination |
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may request in writing, not later than the 30th day after the date |
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the committee sends the applicant notice of the examination |
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results, that the committee furnish the applicant with an analysis |
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of the applicant's performance on the examination. |
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(h) An applicant under this section who fails an examination |
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may not retake the examination under this section. The person must |
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comply with the requirements for an applicant for an original |
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license under this chapter. |
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(i) The committee may not issue a license under this section |
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to an applicant who is a licensed audiologist in another state. The |
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committee shall refer the applicant to the State Board of Examiners |
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for Speech-Language Pathology and Audiology. |
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SECTION 5. Section 402.251, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS. |
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(a) The committee shall issue a temporary training permit to a |
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person who: |
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(1) has never taken the examination administered under |
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this chapter; |
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(2) possesses the qualifications required under |
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Section 402.203(a); |
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(3) submits a written application on a form provided |
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by the committee furnishing sworn evidence that the applicant[:
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[(A)] satisfies the requirements of Subdivisions |
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(1) and (2); and |
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[(B)
has never held a temporary training permit
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in this state; and] |
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(4) pays the temporary training permit fee. |
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(b) The committee may issue a new temporary training permit |
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under this section to a person on or after the 365th day after the |
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person's previous temporary training permit expired. |
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SECTION 6. Section 402.252, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.252. SUPERVISION AFFIDAVIT. (a) An application |
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for a temporary training permit must be accompanied by the |
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affidavit of a person licensed to fit and dispense hearing |
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instruments under this chapter or Chapter 401, other than a person |
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licensed under Section 401.311 or 401.312 [in this state]. |
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(b) The affidavit must state that: |
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(1) the applicant, if granted a temporary training |
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permit, will be supervised by the affiant in all work done by the |
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applicant under the temporary training permit; [and] |
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(2) the affiant will notify the committee not later |
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than the 10th day after the date of the applicant's termination of |
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supervision by the affiant; and |
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(3) if the affiant is licensed under Chapter 401, the |
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affiant will comply with all provisions of this chapter and rules |
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adopted under this chapter that relate to the supervision and |
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training of a temporary training permit holder. |
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SECTION 7. Section 402.255(a), Occupations Code, is amended |
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to read as follows: |
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(a) A supervisor of a temporary training permit holder must: |
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(1) be [a] licensed to fit and dispense hearing |
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instruments under [instrument dispenser having the qualifications
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established by] this chapter or Chapter 401, other than Section |
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401.311 or 401.312; |
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(2) currently practice in [and:
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[(1) have] an established place of business; and |
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(3) [(2)] be responsible for the direct supervision |
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and education of a temporary training permit holder. |
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SECTION 8. Section 402.301, Occupations Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (f) to read |
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as follows: |
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(a) A license under this chapter is valid for two years [one
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year]. The committee shall renew the license every two years |
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[annually] on payment of the renewal fee unless the license is |
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suspended or revoked. |
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(e) A person whose license has been expired for two years or |
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more may not renew the license. The person may obtain a new license |
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by [submitting to reexamination and] complying with the |
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requirements and procedures for obtaining an original license. |
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(f) The committee may not renew a license unless the license |
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holder provides proof that all equipment that is used by the license |
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holder to produce a measurement in the testing of hearing acuity has |
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been properly calibrated or certified by a qualified technician. |
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SECTION 9. Section 402.403, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.403. WRITTEN CONTRACT [BILL OF SALE]. The owner of |
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a hearing instrument fitting and dispensing practice [(a) A
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license holder] shall ensure that each client receives a written |
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contract at the time of purchase of a hearing instrument that |
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contains [provide a bill of sale to each person supplied with a
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hearing instrument by the license holder or under the license
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holder's direction.
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[(b) The bill of sale must contain]: |
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(1) the [license holder's] signature of the license |
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holder who dispensed the hearing instrument; |
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(2) the [license holder's] printed name of the license |
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holder who dispensed the hearing instrument; |
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(3) the address of the [license holder's] principal |
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office of the license holder who dispensed the hearing instrument; |
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(4) the [license holder's] license number of the |
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license holder who dispensed the hearing instrument; |
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(5) a description of the make and model of the hearing |
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instrument; |
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(6) the amount charged for the hearing instrument; |
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[and] |
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(7) a statement of whether the hearing instrument is |
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new, used, or rebuilt; |
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(8) notice of the 30-day trial period under Section |
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402.401; and |
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(9) the name, mailing address, and telephone number of |
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the committee. |
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SECTION 10. Section 402.406, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) All of the business's records and contracts are solely |
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the property of the person who owns the business. |
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SECTION 11. Section 402.501, Occupations Code, is amended |
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to read as follows: |
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Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY |
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ACTION. The committee may refuse to issue or renew a license, |
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revoke or suspend a license or permit, place on probation a person |
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whose license or permit has been suspended, or reprimand a license |
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or permit holder who: |
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(1) makes a material misstatement in furnishing |
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information to the committee or to another state or federal agency; |
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(2) violates this chapter or a rule adopted under this |
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chapter; |
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(3) is convicted of a felony or misdemeanor that |
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includes dishonesty as an essential element or of a crime directly |
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related to the practice of fitting and dispensing hearing |
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instruments; |
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(4) makes a misrepresentation for the purpose of |
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obtaining or renewing a license, including falsifying the |
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educational requirements under this chapter; |
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(5) is professionally incompetent or engages in |
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malpractice or dishonorable, unethical, or unprofessional conduct |
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that is likely to deceive, defraud, or harm the public; |
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(6) aids or assists another person in violating this |
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chapter or a rule adopted under this chapter; |
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(7) does not provide information in response to a |
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written request made by the board within 60 days; |
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(8) directly or indirectly knowingly employs, hires, |
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procures, or induces a person not licensed under this chapter to fit |
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and dispense hearing instruments unless the person is exempt under |
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this chapter; |
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(9) aids a person not licensed under this chapter in |
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the fitting or dispensing of hearing instruments unless the person |
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is exempt under this chapter; |
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(10) is habitually intoxicated or addicted to a |
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controlled substance; |
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(11) directly or indirectly gives to or receives from |
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a person a fee, commission, rebate, or other form of compensation |
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for a service not actually provided; |
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(12) violates a term of probation; |
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(13) wilfully makes or files a false record or report; |
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(14) has a physical illness that results in the |
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inability to practice the profession with reasonable judgment, |
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skill, or safety, including the deterioration or loss of motor |
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skills through aging; |
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(15) solicits a service by advertising that is false |
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or misleading; |
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(16) participates in subterfuge or misrepresentation |
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in the fitting or dispensing of a hearing instrument; |
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(17) knowingly advertises for sale a model or type of |
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hearing instrument that cannot be purchased; |
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(18) falsely represents that the service of a licensed |
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physician or other health professional will be used or made |
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available in the fitting, adjustment, maintenance, or repair of a |
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hearing instrument; |
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(19) falsely uses the term "doctor," "audiologist," |
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"clinic," "clinical audiologist," "state licensed," "state |
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certified," "licensed hearing instrument dispenser," "board |
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certified hearing instrument specialist," "hearing instrument |
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specialist," or "certified hearing aid audiologist," or uses any |
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other term, abbreviation, or symbol that falsely gives the |
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impression that: |
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(A) a service is being provided by a person who is |
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licensed or has been awarded a degree or title; or |
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(B) the person providing a service has been |
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recommended by a government agency or health provider; |
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(20) advertises a manufacturer's product or uses a |
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manufacturer's name or trademark in a way that implies a |
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relationship between a license or permit holder and a manufacturer |
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that does not exist; |
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(21) directly or indirectly gives or offers to give, |
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or permits or causes to be given, money or another thing of value to |
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a person who advises others in a professional capacity as an |
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inducement to influence the person to influence the others to: |
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(A) purchase or contract to purchase products |
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sold or offered for sale by the license or permit holder; or |
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(B) refrain from purchasing or contracting to |
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purchase products sold or offered for sale by another license or |
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permit holder under this chapter; |
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(22) with fraudulent intent fits and dispenses a |
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hearing instrument under any name, including a false name or alias; |
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(23) does not adequately provide for the service or |
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repair of a hearing instrument fitted and sold by the license |
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holder; or |
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(24) violates a regulation of the federal Food and |
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Drug Administration or the Federal Trade Commission relating to |
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hearing instruments. |
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SECTION 12. Section 402.302, Occupations Code, is repealed. |
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SECTION 13. The changes in law made by this Act to Section |
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402.207(c), Occupations Code, apply only to the holder of an |
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apprentice permit issued on or after the effective date of this Act. |
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The holder of an apprentice permit issued before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 14. The changes in law made by this Act to Section |
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402.209, Occupations Code, apply only to an application submitted |
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on or after the effective date of this Act. An application submitted |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 15. The changes in law made by this Act to Section |
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402.301(a), Occupations Code, apply only to a license that is |
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issued on or after the effective date of this Act. A license issued |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 594 was passed by the House on April |
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17, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 594 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |