Hon. John F. Boff 

Executive Director 

Board of Examiners in the 

Fitting & Dispensing of 

Hearing Aids 

1212 Guadalupe 

Austin, Texas 78701 

Opinion No. E-636 

Re: Questions relating to sales 

of hearing aids and licensing 

of persons to fit and dispense hearing aids. 

Dear Mr. Boff: 

You have requested the opinion of this office regarding the 

following two specific questions: 

“1. Can the Board require the serial number 

of the hearing aid being sold to a customer be 

included in the necessary information on the sales 

receipt? 

"2 . Is a Factory Representative, who lives 

either within or outside of the State of Texas entitled to a license to fit and dispense hearing 

aids in the State of Texas?" 

In connection with your first question, we quote the following from Section 1.14, Article 4566, Vernon's Civil Statutes: 

"(b) Every licensee shall deliver to each 

person supplied with a hearing aid, by the licensee 

or under his direction, a bill of sale which shall 

contain his signature, his printed name, the address 

of his principal office, the number of his license, 

a description of the make and model of the hearinq aid 

furnished and the amount charged therefor, and whether 

the hearing aid is new, used or rebuilt." (Emphasis 

added.) 

-3043- 
Hon. John F. Boff, page 2 (M-636) 

In answering your question, we assume that the use of 

serial numbers is customary practice in the industry. If this be 

true, there is no question but that the serial number is a proper 

element of "a description of the make and model of the hearing 

aid furnished", and that the Board has the authority to require 

that the serial number be recorded on the bill of sale., 

With regard to your second question, the following is 

quoted from Article 4566, Section 1,OC: 

"(a) Every person desiring to engage in fitting 

and dispensing hearing aids in the State of Texas 

shall be required to pass an examination given by 

the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids. 

"(b) The applicant shall make application, furnishing to the Secretary-Treasurer of the Board on forms to 

be furnished by the Board, sworn evidence that he has 

attained the age of 18,years, is of good moral character, 

is free of contagious or infectious disease, and has 

graduated from an accredited high school or equivalent, 

and such other information as the Board may deem 

necessary for the enforcement of this Act. 

"(c) The examination shall consist of written, 

oral or practical tests in the following areas as they 

pertain to the fitting and dispensing of hearing aids, 

to-wit: 

(1) Basic physics of sound: 

(2) The structure and function of hearing aids: 

(3) Fitting of hearing aids: 

(4) Pure tone audiometry, including air conduction 

testing and bone conduction testing; 

(5) Live voice and/or record voice speech audiometry: 

(6) Masking when indicated: 

(7) Recording and evaluation of audiograms and speech 

audiometry to determine the hearing aid candidacy; 

(8) Selection and adaption of hearing aids and testing 

of hearing aids: and 

(9) Taking of earmold impressions. 

-3044- 
Hon. John F. Boff, page 3 (M-636) 

"(d) No part of the examination shall consist 

of tests requiring knowledge of the diagnosis and/or 

treatment of any disease or injury to the human body. 

"(e) Each applicant shall be given due notice of 

the date and place of the examination and the subjects, 

areas, and/or skills that will be included within such 

examination, and there shall be no changes in said 

subjects, areas, and/or skills after the date of the 

examination has been announced and publicized nor shall 

there be more than one change or group of changes in 

any one calendar year. All examinations shall be 

conducted in writing and by such other means as the Board 

shall determine adequate to ascertain the qualifications 

of applicants. All applicants examined during a given 

calendar year shall be given the same examination. 

Every applicant successfully passinq the examination 

and meetinq all the requirements of this Act shall be 

resistered by the Board as possessinq the qualifications 

required by this Act and shall receive from the Board a 

.license to fit and dispense hearinq aids inthis state." 

(Emphasis added.) 

We note that the only exception to the requirements set 

forth above are to be found in Sections 1.07 and 1.08 of 

Article 4566. These two exceptions permit reciprocity with 

other states which license this particular activity, and permit 

the licensing of individuals who have practiced the fitting and 

dispensing of hearing aids for a certain period prior to the 

effective date of Article 4566. Section 1.07; which is the 

so-called'"grandfather clause" permits the licensing of any 

person who meets certain requirements not pertinent to this 

opinion, and "has been engaged in fitting and dispensing hearing 

aids in the United States of America for a period of at least 

one year immediately prior to the effective date of this Act." 

A careful examination of Article 4566 reveals that no 

residence requirement has been made in any part of the statute. 

You are therefore advised that it is the opinion of this office 

that any person, wherever resident, who can satisfy the examination requirements set forth in Section 1.06 of Article 4566 is 

entitled to a license to fit and dispense hearing aids in the 

State of Texas. 

-3045- 
Hon. John F. Boff, page 4 (M-636) 

SUMMARY 

Assuming that the use of serial numbers 

is customary practice in the hearing aid industry, such serial number is a proper element 

of a description of the make and model of the 

hearing aid furnished, and the Board of 

Examiners in the Fitting and Dispensing of 

Hearing Aids has the authority to require that 

such serial numbers be recorded on the bill of 

sale, under Article 4566, V.C.S. 

Any person, wherever resident, who cqn 

satisfy the examination requirements set forth 

in Section 1.06 of Article 4566, V.C.S., or 

qualifies under the grand-father clause or 

reciprocity provisions is entitled to allicense 

to fit and dispense hearing aids in the State of 

Texas. 

Ve#&ruly yours, 

Attor@y General of Texas 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Austin Bray 

Sarah Phillips 

Fisher Tyler 

James Mabry 

MEADE F. GRIFFIN 

Staff Legal Assistant 

-3046- 
Hon. John F. Boff, page 5(M-636) 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-3047-