The Attorney General of Texas 

November 8, 1979 

MARK WHITE 

Attorney General 

Honorable Robert B. Hall 

Executive Director 

Texas Board of Examiners in the 

Fitting and Dispensing of Hearing 

Aids 

Penthouse Apts., Suite 105 

1212 Guadalupe 

Austin, Texas 78701 

Opinion No. NW-7 9 

Re: Scope of temporary training 

permits under article 4566, 

V.T.C.S., which relates to fitting 

and dispensing of hearing aids. 

Dear Mr. Halh 

You have asked whether it is appropriate under the facts you present 

for the Texas Board of Examiners in the Fitting and Dispensing of Hearing 

Aids [hereinafter referred to as Board1 to issue temporary training permits. 

You state the following facts: factory representatives for out-of-state 

hearing aid manufacturers have sought temporary training permits for the 

purpose of promoting their product by the fitting and dispensing of hearing 

aids out of the retail establishments of licensed dealers in Texas. We are 

informed that these individuals are trained professionals and are paid a 

commission on their sales. The representatives travel from city to city to 

hold “Open House” in the businesses of licensees who act as sponsors. They 

are advertised as expert and experienced in their field. 

You ask four questions. 

1. Does the Temporary Training Permit allow its 

holder to fit and dispense hearing aids according 

to our law? 

The Board is established and acts pursuant to article 4566, V.T.C.S. 

Every person desiring to engage in the fitting and dispensing of hearing aids 

is required to pass an examination given by the Board. Art. 4566-LO6(a), 

V.T.C.S. Those licensed in other states having requirements equivalent or 

higher than those in Texas may be granted a license without taking the 

examination under the reciprocal licensing provisions. Art. 4566-1.08, 

V.T.C.S 

Article 4566-1.09 permits the issuance of temporary training permits 

to those who have never taken the examination and who have never 

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Honorable Robert B. Hall - Page Two &lW-79 1 

previously had a training permit. Id. subsec. (a). The application for a temporary permit 

must be accompanied by an affidaz from a person duly licensed and qualified to fit and 

dispense hearing aids. Ia, subsec. (b). The affidavit must state that the applicant for the 

temporary permit will be supervised in all work done by the applicant. A temporary 

training permit is defined as 

a permit issued by the Board to persons authorized to fit and 

dispense hearing aids only under the supervision of a person who 

holds a license under this Act. 

Art. 4566-LOl(c), V.T.C.S. Thus, in answer to your first question, a holder of a temporary 

permit is authorized to fit and dispense hearing aids if done with supervision. 

2. Can factory representatives secure a Temporary Training 

Permit for the purpose of holding three day ‘Open House’ 

meetings in different locations over the State? 

Article 4566-1.09, V.T.C.S., authorizes the issuance of a temporary training permit 

to “any person applying to the Board’ who fulfills stated requirements. The law doas not 

require that the permit holder enroll in a training program but only that he work under the 

supervision of a licensee. V.T.C.S. arts. 4566-1.01(c); 4566-1.09(b). Consequently, we 

believe the permit may be issued to a factory representative complying with the statute 

and the representative may use it while holding open houses and wcrking at sll times under 

the supervision of the affiant who supported his application. The temporary training 

permit becomes void at the end of six months unless extended for an additional period not 

to exceed six months. 

3. Our application requires the applicant for a Temporary 

Training Permit to declare his intent to take the State 

examination. Does our law require the applicant who has 

stated his ‘intention’ to take the State examination to follow 

through and actually take the examination? 

We believe that the Board would have no authority to compel an individual to take 

the examination although the Board may enjoin his dispensing of hearing aids without a 

license. U.S. Const. amend. XIII; V.T.C.S. arts. 4566-1.04(e), 4566-1.06. 

4. Can a factory representative hold himself out in public 

advertising as being an ‘expert’ in the fitting and dispensing of 

hearing aids even though he holds only a temporary license? 

The licensing law contains no provisions relating to the advertisement of a licensee 

as an expert. Cf. V.T.C.S. art. 4566-1.15(a)(5) (prohibition against unlicensed person 

holding out as authorized to fit hearing aids). The Deceptive Trade Practices Act 

prohibits false representations concerning the quality of services. Bus. & Comm. Code 

S 17.46(bX7). Whether an individual may truthfully advertise himself as an expert in the 

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Honorable Robert B. Hall - Page Three (Mw-79) 

fitting and dispensing of hearing aids depends on his qualifications. Cf. United States 

Fidelity & Guaranty Co. v. Rochester, 281 S.W. 306 (Tex. Civ. App. - Fz Worth 1926, no 

writ) (definition of expert witness). The fact that an individual held a temporary training 

license would be relevant to a decision whether he is an expert, but we do not believe it is 

dispositive of the issue. If a factory representative were in fact an expert in the fitting 

and dispensing of hearing aids, his possession of a temporary license would not bar him 

from advertising himself as an expert. 

SUMMARY 

Manufacturer’s representatives may obtain temporary training 

permits for the purpose of transacting promotional sales. 

w?mw&&g 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

and Susan Garrison 

Assistant Attorneys General 

APPROVED: 

OPINION COMMI’ITEE 

C. Robert Heath, Chairman 

David B. Brooks 

Bob Gam mage 

Susan Garrison 

Rick Gilpin 

William G Reid 

Bruce Youngblood 

p. 242