# The Attorney General of Texas October 13, 1981 MARK WHITE Attorney General

Mr. R. B. Hall ExecutiveDirector opinionNo.W-376 Texas Board of Examiners in the Re: Constructionof section Fittingand Dispensing of Hearing lZB(c)of article 4566, Aids V.T.C.S. 1212Guadalupe Austin, Texas 78701 Dear Mr. Hall: SenateBill No. 604,which became effectiveon 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) thereofprovides 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 inwhich a personmay cancel thepurchase of a hearing aid." Your questions involve section 12B(c). You ask: 1. Does the law say that the dispenser must use the guidelinesand give a 30-day trialperiod on everyhearing aid he sells, or 2. Does it mean that the dispenser is obligated only tomake the guidelinesknown letting the consumeropt 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 guidelineshe must follow?

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The Texas Board of Examiners in the Fitting and Dispensing of HearingAids regulates the business of fitting and dispensinghearing aids in this state. Anyone who desires to engage in this business must pass an examinationgiven 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 provisionsmay have their licenses revoked or suspended,be placed on probation,or be reprimanded. V.T.C.S. art. 4566-1.10. It appears thatyou 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 trialperiod on a hearing aid thathe sells and, if so, may he follow the board'sguidelines 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 legislaturewas 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 theseguidelines. We therefore answer your first question in the affirmative and your secondand third questions in thenegative. 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 dispensersprovide a 30-day trial period on every hearing aid they sell, and that they abide by guidelinesdraftedby the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids for the administrationof this trialperiod.

MA TK WHITE Attorney General of Texas JOHNW. FAINTER,JR. FirstAssistantAttorney General RICHARD E. GRAY III ExecutiveAssistantAttorney General

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Preparedby Jon Bible AssistantAttorney General APPROVED: OPINION COMMITTEE SusanL. Garrison,Chairman Jon Bible Rick Gilpin JimMoellinger PeterNolan

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