reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter C. Speech-Language Pathologists and Audiologists Advisory Board › Section 401.105. Terms; Vacancies

Sec. 401.105.  TERMS; VACANCIES.  (a)  Members are appointed for staggered six-year terms.  The terms of three members expire September 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.047, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.048, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter C. Speech-Language Pathologists and Audiologists Advisory Board › Section 401.107. Presiding Officer

Sec. 401.107.  PRESIDING OFFICER.  (a)  The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year.
(b)  The presiding officer of the advisory board may vote on any matter before the advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. 662), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.049, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter C. Speech-Language Pathologists and Audiologists Advisory Board › Section 401.108. Meetings

Sec. 401.108.  MEETINGS.   The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.050, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter E. Powers and Duties › Section 401.201. General Powers and Duties

Sec. 401.201.  GENERAL POWERS AND DUTIES.
(a)  The executive director shall administer and enforce this chapter.
(a-1)  The department shall:
(1)  evaluate the qualifications of license applicants;
(2)  provide for the examination of license applicants;
(3)  in connection with a hearing under this chapter, issue subpoenas, examine witnesses, and administer oaths under the laws of this state; and
(4)  investigate persons engaging in practices that violate this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(35), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.171(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.052, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(35), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter E. Powers and Duties › Section 401.202. Standards of Ethical Practice

Sec. 401.202.  STANDARDS OF ETHICAL PRACTICE.  The commission shall adopt rules under this chapter that establish standards of ethical practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.053, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter E. Powers and Duties › Section 401.2021. Rules for Hearing Instruments

Sec. 401.2021.  RULES FOR HEARING INSTRUMENTS.  With the assistance of the advisory board and the Hearing Instrument Fitters and Dispensers Advisory Board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter and Chapter 402.  The rules must:
(1)  address:
(A)  the information and other provisions required in each written contract for the purchase of a hearing instrument;
(B)  records that must be retained under this chapter or Chapter 402; and
(C)  guidelines for the 30-day trial period during which a person may cancel the purchase of a hearing instrument; and
(2)  require that the written contract and 30-day trial period information provided to a purchaser of a hearing instrument be in plain language designed to be easily understood by the average consumer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. 662), Sec. 8, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.054, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter E. Powers and Duties › Section 401.203. Assistance Filing Complaint

Sec. 401.203.  ASSISTANCE FILING COMPLAINT.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015.
(c)  The department shall provide reasonable assistance to a person who wishes to file a complaint with the department regarding a person or activity regulated under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.056, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.057, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(36), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter F. Public Access and Information › Section 401.251. Telephone Number for Complaints

Sec. 401.251.  TELEPHONE NUMBER FOR COMPLAINTS.  The department shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.058, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.301. License Required

Sec. 401.301.  LICENSE REQUIRED.  A person may not practice speech-language pathology or audiology or represent that the person is a speech-language pathologist or audiologist in this state unless the person holds a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.302. Issuance of License

Sec. 401.302.  ISSUANCE OF LICENSE.  (a)  The department shall issue a license to an applicant who meets the requirements of this chapter and who pays to the department the initial nonrefundable license fee.
(b)  The department may issue to an applicant a license in either speech-language pathology or audiology.
(c)  The department may issue a license in both speech-language pathology and audiology to an applicant.
(d)  The commission by rule shall establish qualifications for dual licensing in speech-language pathology and audiology and may develop a full range of licensing options and establish rules for qualifications.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.063, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.303. License Application

Sec. 401.303.  LICENSE APPLICATION.  (a)  A person who desires a license under this chapter must apply to the department on a form and in the manner prescribed by the executive director.
(b)  The application must be accompanied by a nonrefundable application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.064, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.3041. Criminal History Record Information Requirement for License Issuance

Sec. 401.3041.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.  (a)  The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The department may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The department shall conduct a criminal history check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The department may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.
Added by Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. 662), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.066, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.305. Examination

Sec. 401.305.  EXAMINATION.  (a)  To obtain a license, an applicant must:
(1)  pass an examination approved by the commission by rule; and
(2)  pay fees in a manner prescribed by the commission by rule.
(b)  The department shall administer or provide for the administration of an examination at least twice each year.
(b-1)  The commission by rule shall determine standards for acceptable performance on the examination.
(c)  The commission by rule may:
(1)  establish procedures for the administration of the examination; and
(2)  require a written or oral examination, or both.
(d)  The commission by rule may require the examination of an applicant in any theoretical or applied field of speech-language pathology or audiology it considers appropriate.  The commission by rule may require the examination of an applicant on professional skills and judgment in the use of speech-language pathology or audiology techniques or methods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.067, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 2.002, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.308. Provisional License; Certificate of Clinical Competence Waiver

Sec. 401.308.  PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL COMPETENCE WAIVER.  (a)  The department may grant a provisional license to an applicant who:
(1)  is licensed in good standing as a speech-language pathologist or an audiologist in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the department relating to speech-language pathology or audiology; and
(3)  is sponsored by a license holder with whom the provisional license holder may practice under this section.
(b)  An applicant for a provisional license may be excused from the requirement of Subsection (a)(3) if the department determines that compliance with that requirement is a hardship to the applicant.
(c)  A provisional license is valid until the date the department approves or denies the provisional license holder's application for a license.
(d)  The department shall issue a license under this chapter to a provisional license holder:
(1)  who passes the examination required by Section 401.305;
(2)  for whom the department verifies satisfaction of the academic and experience requirements for a license under this chapter; and
(3)  who satisfies any other license requirements under this chapter.
(e)  The department shall complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.
(f)  The department may waive the examination requirement and issue a license to an applicant who holds the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.069, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.311. Intern License

Sec. 401.311.  INTERN LICENSE.  (a)  A license applicant who has completed only the requirements of Sections 401.304(a)(1)-(4) may be licensed as an intern under this chapter.
(b)  An applicant who has successfully completed the academic and clinical requirements of Sections 401.304(a)(1)-(4) but who has not had the degree officially conferred on the applicant may be licensed as an intern under this chapter.
(c)  The commission by rule shall:
(1)  prescribe the terms governing a person's practice as an intern under this section; and
(2)  establish general guidelines and renewal procedures for the holder of an intern license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.071, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter G. License Requirements › Section 401.312. Licensed Assistants

Sec. 401.312.  LICENSED ASSISTANTS.  (a)  The commission by rule may establish minimum qualifications for licensed assistants in speech-language pathology and in audiology.
(b)  A licensed assistant in speech-language pathology or in audiology must meet the minimum qualifications established by the commission.
(c)  A licensed assistant in speech-language pathology shall work under the direction of a licensed speech-language pathologist.
(d)  The qualifications for licensing as a licensed assistant in speech-language pathology must be uniform and be less stringent than the requirements under this chapter for a speech-language pathologist license.
(e)  A licensed assistant in audiology shall work under the direction of a licensed audiologist.
(f)  The qualifications for licensing as a licensed assistant in audiology must be uniform and be less stringent than the requirements under this chapter for an audiologist license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.072, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter H. License Expiration and Renewal › Section 401.351. License Term

Sec. 401.351.  LICENSE TERM.   A license issued under this chapter is valid for two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.048, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.073, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter H. License Expiration and Renewal › Section 401.352. License Renewal

Sec. 401.352.  LICENSE RENEWAL.  (a)  Each licensed speech-language pathologist or audiologist must pay the nonrefundable fee for license renewal.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(49), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(49), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.049, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.074, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(49), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter I. Practice by License Holder › Section 401.401. Audiometric Testing

Sec. 401.401.  AUDIOMETRIC TESTING.  (a)  If audiometric testing is not conducted in a stationary acoustical enclosure, sound-level measurements must be conducted at the time of the testing to ensure that ambient noise levels meet permissible standards for testing threshold to 20 dB based on the most recent American National Standards Institute "ears covered" octave band criteria for permissible ambient noise levels during audiometric testing.
(b)  A dBa equivalent level may be used to determine compliance.
(c)  The commission shall adopt rules necessary to enforce this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.076, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter I. Practice by License Holder › Section 401.402. Practice by Speech-Language Pathologists

Sec. 401.402.  PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS.  (a)  A speech-language pathologist may perform basic audiometric screening tests and aural habilitation or rehabilitation.
(b)  A person licensed as a speech-language pathologist under this chapter may not fit or dispense hearing instruments unless the person meets the specific requirements for fitting and dispensing hearing instruments under this chapter or Chapter 402.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 2.003, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter I. Practice by License Holder › Section 401.403. Practice by Audiologists

Sec. 401.403.  PRACTICE BY AUDIOLOGISTS.  (a)  An audiologist may:
(1)  engage in any act necessary to:
(A)  evaluate hearing;
(B)  train in the use of amplification, including hearing instruments;
(C)  make earmolds for hearing instruments;
(D)  fit, dispense, and sell hearing instruments;  or
(E)  manage cerumen;
(2)  participate in consultation regarding noise control and hearing conservation;
(3)  provide evaluations of environment or equipment, including calibration of equipment used in testing auditory functioning and hearing conservation;  and
(4)  perform basic speech and language screening tests and procedures consistent with the audiologist's training.
(b)  A person who holds a license as an audiologist or audiologist intern and who fits and dispenses hearing instruments must:
(1)  comply with rules adopted under this chapter related to fitting and dispensing hearing instruments;
(2)  comply with the federal Food and Drug Administration rules and guidelines for fitting and dispensing hearing instruments;
(3)  when providing services in this state, use a written contract that contains the information prescribed by commission rule; and
(4)  follow the guidelines adopted by commission rule for a 30-day trial period on every hearing instrument purchased.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.077, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 10.001, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 4, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter I. Practice by License Holder › Section 401.404. Hearing Instrument Sales to Minors

Sec. 401.404.  HEARING INSTRUMENT SALES TO MINORS.  A licensed audiologist may not sell a hearing instrument to a person under 18 years of age unless the person or the parent or guardian of the person presents to the audiologist a written statement signed by a licensed physician who specializes in diseases of the ear stating that:
(1)  the person's hearing loss has been medically evaluated during the six-month period preceding the date the statement is presented;  and
(2)  the person may be considered a candidate for a hearing instrument.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter J. License Denial and Disciplinary Procedures › Section 401.451. Grounds for License Denial and Disciplinary Action

Sec. 401.451.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION.  (a)  After a hearing, the commission or executive director may deny a license to an applicant or may suspend or revoke a person's license or place on probation a license holder if the applicant or license holder:
(1)  violates this chapter or an order issued or rule adopted under this chapter;
(2)  obtains a license by means of fraud, misrepresentation, or concealment of a material fact;
(3)  sells, barters, or offers to sell or barter a license or certificate of registration; or
(4)  engages in unprofessional conduct that:
(A)  endangers or is likely to endanger the health, welfare, or safety of the public as defined by commission rule; or
(B)  violates the code of ethics adopted and published by the commission.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(53), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.078, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(53), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter K. Penalties and Other Enforcement Provisions › Section 401.501. Deceptive Trade Practice

Sec. 401.501.  DECEPTIVE TRADE PRACTICE.  A violation of Section 401.301 is a deceptive trade practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter K. Penalties and Other Enforcement Provisions › Section 401.5021. Refund

Sec. 401.5021.  REFUND.  The commission or executive director may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021.
Added by Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. 662), Sec. 12, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.080, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter A. General Provisions › Section 402.001. Definitions

Sec. 402.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Hearing Instrument Fitters and Dispensers Advisory Board.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Department" means the Texas Department of Licensing and Regulation.
(3-a)  "Executive director" means the executive director of the department.
(4)  "Fitting and dispensing hearing instruments" means the measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments.  The term includes prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.
(4-a)  "Hearing aid" means any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing.  The term includes hearing instruments and over-the-counter hearing aids.
(5)  "Hearing instrument" means a prescription hearing aid as that term is defined by 21 C.F.R. Section 800.30.
(6)  "License" means a license issued by the department under this chapter to a person authorized to fit and dispense hearing instruments.
(6-a)  "Over-the-counter hearing aid" has the meaning assigned by 21 C.F.R. Section 800.30.
(7)  "Sale" includes a lease, rental, or any other purchase or exchange for value.  The term does not include a sale at wholesale by a manufacturer to a person licensed under this chapter or to a distributor for distribution and sale to a person licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.054, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(4), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.082, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 5, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter A. General Provisions › Section 402.003. Applicability of Chapter

Sec. 402.003.  APPLICABILITY OF CHAPTER.
(a)  Except as provided by Subsections (a-1) and (b) and Section 402.451(a), this chapter applies only to a person who engages or offers to engage in fitting and dispensing hearing instruments.
(a-1)  This chapter does not apply to:
(1)  a person engaged in the practice of measuring human hearing as a part of the academic curriculum of an accredited institution of higher learning if the person or the person's employees do not sell hearing instruments;
(2)  a physician licensed by the Texas Medical Board;
(3)  a person with a master's degree or doctorate in audiology from an accredited college or university who does not sell hearing instruments, to the extent the person engages in the measurement of human hearing by the use of an audiometer or by any other means to make selections and adaptations of or recommendations for a hearing instrument and to make impressions for earmolds to be used as part of a hearing instrument;
(4)  an audiologist or an audiology intern licensed under Chapter 401, except as may otherwise be provided by the following provisions, which refer to Chapter 401:
(A)  Section 402.051(a)(1);
(B)  Section 402.202(b);
(C)  Section 402.252; and
(D)  Section 402.255(a); and
(5)  a student of audiology in an accredited college or university program, if the student's activities and services are part of the student's supervised course of study or practicum experience.
(b)  A student described by Subsection (a-1)(5) is subject to Chapter 401.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 315 (H.B. 594), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.001, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter A. General Provisions › Section 402.004. Over-the-Counter Hearing AIDS

Sec. 402.004.  OVER-THE-COUNTER HEARING AIDS.  (a)  Except as provided by this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids, regardless of whether the transaction occurs in person, online, or through other means.
(b)  A person is not required to obtain a license under this chapter or Chapter 401 to engage in an activity described by Subsection (a).
(c)  A person may not use the title "licensed dispenser" or "licensed seller" with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as a hearing instrument fitter and dispenser under this chapter or as an audiologist or audiologist intern under Chapter 401.
(d)  The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids.
(e)  A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids.  These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter or Chapter 401.
Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 6, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board › Section 402.051. Advisory Board Membership

Sec. 402.051.  ADVISORY BOARD MEMBERSHIP.  (a)  The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  six members licensed under this chapter who have been engaged in fitting and dispensing hearing instruments for at least five years preceding appointment, not more than one of whom may be licensed under Chapter 401;
(2)  one member who is actively practicing as a physician licensed by the Texas Medical Board and who:
(A)  is a citizen of the United States; and
(B)  specializes in the practice of otolaryngology; and
(3)  two members of the public.
(b)  Appointments to the advisory board shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.055, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.084, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.002, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board › Section 402.0511. Duties of Advisory Board

Sec. 402.0511.  DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.085, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board › Section 402.055. Terms; Vacancies

Sec. 402.055.  TERMS; VACANCIES.  (a)  Members of the advisory board serve staggered six-year terms.  The terms of three members expire on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.086, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board › Section 402.057. Presiding Officer

Sec. 402.057.  PRESIDING OFFICER.   The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year.  The presiding officer of the advisory board may vote on any matter before the advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.087, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board › Section 402.058. Meetings

Sec. 402.058.  MEETINGS.   The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 7, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.088, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter C. Powers and Duties › Section 402.101. General Powers and Duties

Sec. 402.101.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(b)  The department shall:
(1)  evaluate the qualifications of applicants;
(2)  examine applicants; and
(3)  in connection with a hearing under this chapter, issue subpoenas, examine witnesses, and administer oaths under the laws of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.173(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.089, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.090, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter C. Powers and Duties › Section 402.1021. Rules for Hearing Instruments

Sec. 402.1021.  RULES FOR HEARING INSTRUMENTS.  With the assistance of the advisory board and the Speech-Language Pathologists and Audiologists Advisory Board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter and Chapter 401.  The rules must:
(1)  address:
(A)  the information and other provisions required in each written contract for the purchase of a hearing instrument;
(B)  records that must be retained under this chapter or Chapter 401; and
(C)  guidelines for the 30-day trial period during which a person may cancel the purchase of a hearing instrument; and
(2)  require that the written contract and 30-day trial period information provided to a purchaser of a hearing instrument be in plain language designed to be easily understood by the average consumer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.089, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.091, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter C. Powers and Duties › Section 402.103. False, Misleading, or Deceptive Advertising

Sec. 402.103.  FALSE, MISLEADING, OR DECEPTIVE ADVERTISING.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff. September 1, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff. September 1, 2015.
(c)  For purposes of Section 51.204, an advertisement is false, misleading, or deceptive if the advertisement:
(1)  contains a misrepresentation of fact;
(2)  contains a false statement as to the license holder's professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;
(3)  makes a partial disclosure of relevant fact, including the advertisement of:
(A)  a discounted price of an item without identifying in the advertisement or at the location of the item:
(i)  the specific product being offered at the discounted price; or
(ii)  the usual price of the item; and
(B)  the price of a specifically identified hearing instrument, if more than one hearing instrument appears in the same advertisement without an accompanying price;
(4)  contains a representation that a product innovation is new, if the product was first offered by the manufacturer to the general public in this state not less than 12 months before the date of the advertisement;
(5)  states that the license holder manufactures hearing instruments at the license holder's office location unless the next statement discloses that the instruments are manufactured by a specified manufacturer and remanufactured by the license holder; or
(6)  contains any other representation, statement, or claim that is inherently misleading or deceptive.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.089, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.093, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.094, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(86), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter C. Powers and Duties › Section 402.104. Powers and Duties Regarding Examination

Sec. 402.104.  POWERS AND DUTIES REGARDING EXAMINATION.  (a)  The department shall develop and maintain an examination that may include a written or practical test. The department shall administer or arrange for the administration and validation of the examination.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 6(1), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 6(1), eff. September 1, 2019.
(d)  The practical test must be administered by one or more qualified proctors selected and assigned by the department.
(e)  The commission by rule shall establish the qualifications for a proctor.  The rules must:
(1)  require a proctor to be licensed in good standing as a hearing instrument fitter and dispenser;
(2)  specify the number of years a proctor must be licensed as a hearing instrument fitter and dispenser; and
(3)  specify the disciplinary actions or other actions that disqualify a person from serving as a proctor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 10, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.089, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.095, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 6(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter D. Public Interest Information and Complaint Procedures › Section 402.152. Complaints

Sec. 402.152.  COMPLAINTS.  (a)  Each license or permit holder under this chapter shall at all times prominently display in the person's place of business a sign containing information about filing a complaint as prescribed by commission rule.
(b)  Each written contract for services in this state of a license holder must contain the information prescribed by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.096, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 7, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter E. License and Permit Requirements › Section 402.201. License or Permit Required

Sec. 402.201.  LICENSE OR PERMIT REQUIRED.  A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person's name any designation tending to imply that the person is authorized to engage in the fitting and dispensing of hearing instruments, unless the person holds a license or is otherwise authorized to do so under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter E. License and Permit Requirements › Section 402.202. Examination Required

Sec. 402.202.  EXAMINATION REQUIRED.  (a)  To engage in fitting and dispensing hearing instruments in this state a person must pass an examination required by the department.
(b)  A person licensed under Chapter 401 as an audiologist or an audiology intern who is applying for a license under this chapter is exempt from the examination required under this chapter but must comply with all other requirements under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 315 (H.B. 594), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 14, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.099, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 402 - Hearing Instrument Fitters and Dispensers › Subchapter E. License and Permit Requirements › Section 402.203. Application for Examination

Sec. 402.203.  APPLICATION FOR EXAMINATION.  (a)  An applicant for examination must:
(1)  apply to the department in the manner and on a form prescribed by the executive director;
(2)  provide:
(A)  documentation that the applicant is at least 18 years of age and has graduated from an accredited high school or equivalent; and
(B)  other information determined necessary by the department; and
(3)  pay any required fees for application and examination.
(b)  A permit holder may not take the examination until the satisfactory completion of the requirements of Subchapter F by the supervisor and permit holder is verified.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 6(2), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.100, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 6(2), eff. September 1, 2019.