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 ofhearing aids and licensing ofpersons 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 thehearing aidbeing 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 ahearing aid, by the licensee or under his direction, abill of salewhich shall contain his signature, his printed name, the address ofhis principal office, the number ofhis license, adescription of themake andmodel of the hearinq aid furnished and the amount charged therefor, andwhether thehearing aid isnew, used or rebuilt." (Emphasis added.)

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

Inanswering your question, we assume that theuse of serial numbers is customary practice in the industry. If thisbe true, there isno question but that the serial number isaproper element of "adescription of themake and model of thehearing aid furnished", and that theBoard has the authority to require that the serial number be recorded on thebill of sale.,
With regard toyour second question, the following is quoted fromArticle 4566, Section 1,OC:

"(a) Every person desiring to engage in fitting and dispensing hearing aids in the State of Texas shall be required topass an examination given by the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids.
"(b)The applicant shallmake 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, isof good moral character, is free of contagious or infectious disease, andhas graduated from an accredited high school or equivalent, and such other information as the Board may deem necessary for the enforcement of thisAct. "(c)The examination shall consist ofwritten, oral orpractical tests in the following areas as they pertain to the fitting and dispensing ofhearing aids, to-wit: (1)Basic physics of sound: (2)The structure and function ofhearing aids: (3)Fitting of hearing aids: (4)Pure tone audiometry, including air conduction testing andbone conduction testing; (5)Live voice and/or record voice speech audiometry: (6)Masking when indicated: (7)Recording and evaluation of audiograms and speech audiometry todetermine thehearing aid candidacy; (8)Selection and adaption ofhearing aids and testing ofhearing 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 thehuman body.
"(e)Each applicant shall be given duenotice of the date andplace 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 andpublicized nor shall there bemore than one change orgroup of changes in any one calendar year. All examinations shall be conducted inwriting andby such other means as the Board shall determine adequate to ascertain thequalifications 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 thisAct shall be resistered by the Board as possessinq the qualifications required by this Act and shall receive from the Board a .licenseto fit and dispense hearinq aids inthis state." (Emphasis added.)

We note that the only exception to the requirements set forth above are tobe found in Sections 1.07 and 1.08 of Article 4566. These two exceptions permit reciprocity with other states which license thisparticular activity, andpermit the licensing of individuals who have practiced the fitting and dispensing ofhearing aids for a certain period prior to the effective date ofArticle 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 "hasbeen engaged in fitting and dispensing hearing aids in theUnited States ofAmerica for aperiod of at least one year immediately prior to the effective date of thisAct."

A careful examination ofArticle 4566 reveals that no residence requirement has been made inany part of the statute. You are therefore advised that it is the opinion of this office that anyperson, wherever resident, who can satisfy the examination requirements set forth in Section 1.06 ofArticle 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 thehearing aid industry, such serial number is aproper element of adescription of themake andmodel 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 thebill of sale, under Article 4566, V.C.S.
Any person, wherever resident, who cqn satisfy the examination requirements set forth in Section 1.06 ofArticle 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

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