HE ASTBIECNEY GENERAL 

OF EXAS 

June 29, 1971 

Mr. John F. Boff 

Executive Director 

Opinion No. M-895 

Texas Board of Examiners in the Re: Whether certain activities 

Fitting and Dispensing of relating to preparation of 

Hearing Aids earmolds for hearing aids 

Penthouse Apts. Room 105 constitute sales of hearing 

1212 Guadalupe aids under Article 4566, 

Austin, Texas 78701 Vernon's Civil Statutes. 

Dear Mr. Boff: 

In your letter requesting an opinion from this office, 

you state the following: 

"It has come to our attention that some 

confusion as to the role of those individuals 

employed by non-profit organizations or institutions of higher learning, in the fitting and 

dispensing of hearing aids in the State of 

Texas exist. We would like a formal opinion 

to clarify this role. 

"We feel that It is understood that those 

individuals employed by institutions of higher 

learning, non-profit organizations, or under the 

supervision of a physician and surgeon can carry 

out hearing aid evaluations, hearing aid selections, hearing aid fitting (what ever the 

preferred clinical terminology might be) as 

long as they do not sell hearing aids." 

In addition, you have advised this office that an earmold 

is an essential component part of any "hearing aid" as the latter 

term is defined by the provisions of Article 4566-1.01(d), Vernon's 

Civil Statutes. 

In this regard you question whether a clinic or individual 

who takes an ear impression, has an earmold prepared from the impression, pays for the mold and in turn sells the mold to an individual, is engaging in the sale of a hearing aid and is required 

to be licensed to sell and dispense hearing aids by the Texas State 

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

-4358- 
Mr. John F. Boff, page 2 (M-895) 

Under the provisions of Article 4566-1.06(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. 

The term "fitting and dispensing of hearing aids" is defined by 

the provisions of Article 4566-1.01(f) as follows: 

"(f) 'Fitting and Dispensing hearing aids' 

means the measurement of human hearing by the 

use of an audiometer or by any means for the 

purpose of making selections, adaptations and/or 

sales of hearing aids. The term also includes 

the sale of hearing aids, and the making of impressions for eaTmolds to be used as a part of 

the hearing aid. 

Article 4566-1.19, which exempts certain persons and 

practices from the provisions of the Act, is quoted as follows: 

"Nothing in this Act shall be construed 

to apply to the following: 

"(1) Persons engaged in the practice of 

measuring human hearing as a part of the academic 

curriculum of an accredited institution of higher 

learning. 

"(2) Persons engaged in the practice of 

measuring human hearing as a part of a program 

conducted by a nonprofit rrganization, provided 

such organization or its employees does not sell 

hearing aids. 

“(3) Physicians and surgeons duly licensed 

by the Texas State Board of Medical Examiners and 

qualified to practice in the State of Texas. 

"(4) Persons employed and directly supervised 

by a physician and surgeon to test or measure human 

hearing, provided such persons do not sell hearing 

aids." 

-4359- 
_ . r 

Hon. John F. Boff, page 3 (M-89,5) 

The language of the above quoted provisions of these 

Articles Is clear and unambiguous. A statute that is plain and 

unambiguous will ordinarily be interpreted literally. . . :' 53 

Tex.Jur.2d 197, Statutes, $135. 

Consequently, it is our opinion that an Individual, other 

than a physician, licensed to practice in this State, or a clinic, 

who sells an earmold to an individual which Is intended to be used 

as a component part of a hearing aid, is sellin hearing aids and 

is not exempted by the provisions of Article 45 % 6-1.19, Vernon's 

Civil Statutes, from the requirement of being licensed by the 

Texas State Board of Examiners in the Fitting and Dispensing of 

Hearing Aids. 

SUMMARY 

An individual, other than a physician licensed 

to practice in this State or a clinic,whlch sells an 

earmold to an individual which is intended to be used 

as a component part of a hearing aid, is selling 

hearing aids and Is not exempted by the provisions 

of Article 4566-1.19, Vernon's Civil Statutes, from 

the requirement of being licensed by the Texas State 

Board of Examiners in the F ting and Dispensing of 

Hearing Aids. ,,/q 

,' ,/ 

Very truly yofls, 

Prepared by Ivan R. Williams, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Malcolm Quick 

Bill Corbusier 

Pat Bailey 

Ken Nordquist 

-4360- 
Mr. John F. Boff, page 4 

MEADE,F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

(M-895) 

-4361-