The Attorney General of Texas 

October 13, 1981 

MARK WHITE 

Attorney General 

Mr. R. B. Hall 

Executive Director 

opinion No. W-376 

Texas Board of Examiners in the Re: Construction of section 

Fitting and Dispensing of Hearing lZB(c) of article 4566, 

Aids V.T.C.S. 

1212 Guadalupe 

Austin, Texas 78701 

Dear Mr. Hall: 

Senate Bill No. 604, which became effective on Septe&ber 1, 1981. 

amends article 4566-1.01 et seq., V.T.C.S., by adding, inter alia, 

section 12B. Section 12B is entitled "consumer Information and 

Complaints." Subsection (c) thereof provides that: 

The [Texas Board of Examiners in the Fitting and 

Dispensing of Hearing Aids] shall establish 

guidelines for a 30-day trial period on every 

hearing aid purchased from a licensed hearing aid 

fitter and dispenser. 

Senate Bill No. 604 also amends section 1 of article 4566-1.01 by 

adding subsection (g), which defines "30-day trial period" ss "the 

period in which a person may cancel the purchase of a hearing aid." 

Your questions involve section 12B(c). You ask: 

1. Does the law say that the dispenser must use 

the guidelines and give a 30-day trial period 

on every hearing aid he sells, or 

2. Does it mean that the dispenser is obligated 

only to make the guidelines known letting the 

consumer opt to use them or not, or 

3. Is it the board's responsibility simply to 

draw up the guidelines and make l?WXy 

dispenser aware that if he chooses to make 

available a 30-day trial period, these are 

the guidelines he must follow? 

p. 1267 
Mr. R. B. Hall - Page 2 (MW-376) 

The Texas Board of Examiners in the Fitting and Dispensing of 

Hearing Aids regulates the business of fitting and dispensing hearing 

aids in this state. Anyone who desires to engage in this business 

must pass an examination given by the board and sacura a license from 

it. V.T.C.S. art. 4566-1.06. Licensees are obliged to abide by the 

provisions of article 4566-1.01 et seq. Those who violate these 

provisions may have their licenses revoked or suspended, be placed on 

probation, or be reprimanded. V.T.C.S. art. 4566-1.10. 

It appears that you are asking, in effect, whether section 12B(c) 

includes an element of choice. In other words, does a hearing aid 

fitter and dispenser have the right to decide whether to provide a 

30-day trial period on a hearing aid that he sells and, if so, may he 

follow the board's guidelines or not, at his will? 

In our opinion, section 12B(c) contains no such element of 

choice. We believe its plain language indicates that the intent of 

the legislature was to require all hearing aid fitters and dispensers 

to provide a 30-day trial period on every hearing aid they sell. We 

further believe that the section imposes a duty on the board to 

develop reasonable guidelines for the administration of this trial 

period and, moreover, that all fitters and dispensers are obliged to 

adhere to these guidelines. 

We therefore answer your first question in the affirmative and 

your second and third questions in the negative. 

SUMMARY 

Section 12B(c) of Senate Bill No. 604, which 

amends article 4566-1.01 et se ., V.T.C.S.. 

requires that all hearing aid fitters and 

dispensers provide a 30-day trial period on every 

hearing aid they sell, and that they abide by 

guidelines drafted by the Texas Board of Examiners 

in the Fitting and Dispensing of Hearing Aids for 

the administration of this trial period. 

MA TK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

p. 1268 
Mr. R. B. Hall - Page 3 (MW-376) 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

Peter Nolan 

p. 1269