reglab/statecodes huggingface dataset:
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 402.204. Contents of Examination

Sec. 402.204.  CONTENTS OF EXAMINATION.  (a)  The examination must consist of written and practical tests that are objective in method and applied in a consistent manner.
(b)  The examination must cover the following subjects as they relate to the fitting and dispensing of hearing instruments:
(1)  basic physics of sound;
(2)  structure and function of hearing instruments;
(3)  fitting of hearing instruments;
(4)  pure tone audiometry, including air conduction testing and bone conduction testing;
(5)  live voice and recorded voice speech audiometry;
(6)  masking when indicated for air conduction, bone conduction, and speech;
(7)  recording and evaluation of audiograms and speech audiometry to determine the hearing instrument candidacy;
(8)  selection and adaptation of hearing instruments, testing of hearing instruments, and verification of aided hearing instrument performance;
(9)  taking of earmold impressions;
(10)  verification of hearing instrument fitting and functional gain measurements using a calibrated system;
(11)  anatomy and physiology of the ear;
(12)  counseling and aural rehabilitation of the hearing impaired for the purpose of fitting and dispensing hearing instruments;
(13)  use of an otoscope for the visual observation of the entire ear canal;  and
(14)  laws, rules, and regulations of this state and the United States.
(c)  The examination may not test knowledge of the diagnosis or treatment of any disease of or injury to the human body.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 2, 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 E. License and Permit Requirements › Section 402.205. Examination Procedures

Sec. 402.205.  EXAMINATION PROCEDURES.  (a)  The department or the department's authorized representative shall give each applicant due notice of the date and place of the examination and the subjects, areas, and skills that will be included in the examination. A change may not be made in those subjects, areas, and skills after the date of the examination has been announced and publicized.
(b)  An examination shall be conducted in writing and by other means the department determines adequate to ascertain the qualifications of applicants.
(c)  An applicant who previously failed an examination or test may retake the examination or test.
(d)  An applicant who previously failed a practical test may be retested only on those portions of the practical test that the applicant failed.
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. 15, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.101, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(93), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 3, 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 E. License and Permit Requirements › Section 402.207. Issuance of Apprentice Permit

Sec. 402.207.  ISSUANCE OF APPRENTICE PERMIT.  (a)  The department shall issue an apprentice permit to fit and dispense hearing instruments to a temporary training permit holder who has:
(1)  passed the required examination;
(2)  paid the required fees; and
(3)  met all requirements of this chapter.
(b)  An apprentice permit is valid for one year.  The department may extend the apprentice permit for an additional period not to exceed one year.
(c)  An apprentice permit holder shall work under the supervision of a license holder for at least one year.
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. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.102, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 4, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.15, eff. September 1, 2021.
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 402.208. Issuance of License

Sec. 402.208.  ISSUANCE OF LICENSE.  The department shall issue a license to an apprentice permit holder when the department has received sufficient evidence that the apprentice permit holder has met all the licensing requirements of 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. 1.103, 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 402.209. Application by License Holder From Another State

Sec. 402.209.  APPLICATION BY LICENSE HOLDER FROM ANOTHER STATE.  (a)  A person licensed to fit and dispense hearing instruments in another state may apply for a license under this chapter by submitting a completed application on a form prescribed by the department.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(95), eff. September 1, 2015.
(c)  An applicant for a license under this section shall provide as part of the application:
(1)  written verification that the applicant is licensed in good standing as a fitter and dispenser of hearing instruments in another state;
(2)  written verification that:
(A)  the requirements to obtain a license to fit and dispense hearing instruments in the state in which the applicant is licensed include passing an examination approved by the commission by rule; or
(B)  the applicant holds a certification from a professional organization approved by the commission by rule;
(3)  a written statement from the licensing entity in the state in which the applicant is licensed that details any disciplinary action taken by the entity against the applicant; and
(4)  a statement of the applicant's criminal history acceptable to the department.
(d)  The department may deny an application under this section based on the applicant's criminal history or history of disciplinary action.
(e)  If the department approves an application, the applicant may take the practical test and a written test of Texas law administered by the department or the department's authorized representative.
(f)  The department may allow an applicant under this section who satisfies all application requirements other than the requirement under Subsection (c)(2) to take the examination.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(95), eff. September 1, 2015.
(h)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.010(1), eff. September 1, 2017.
(i)  The department may not issue a license under this section to an applicant who is a licensed audiologist in another state. The department shall inform the applicant of the licensing requirements of 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. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 16, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.104, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(95), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.003, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.010(1), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 377 (H.B. 2699), Sec. 5, 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 E. License and Permit Requirements › Section 402.210. Criminal History Record Information Requirement for License Issuance

Sec. 402.210.  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. 1062 (S.B. 663), Sec. 17, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.105, 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 F. Temporary Training Permit › Section 402.251. Temporary Training Permit Qualifications

Sec. 402.251.  TEMPORARY TRAINING PERMIT QUALIFICATIONS.  (a)  The department shall issue a temporary training permit to a person who:
(1)  possesses the qualifications required under Section 402.203(a);
(2)  submits a written application on a form prescribed by the department furnishing documentation that the applicant satisfies the requirements of Subdivision (1); and
(3)  pays any required fee.
(b)  The commission by rule may provide for the issuance of a new temporary training permit under this section after a person's temporary training permit expires.
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. 5, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.106, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.004, 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 F. Temporary Training Permit › Section 402.252. Supervision Statement

Sec. 402.252.  SUPERVISION STATEMENT.  (a)  An application for a temporary training permit must be accompanied by the statement of a person licensed to fit and dispense hearing instruments under this chapter or Chapter 401, other than a person licensed under Section 401.311 or 401.312.
(b)  The statement must be on a form prescribed by the department and state that:
(1)  the person will supervise the applicant in all work done by the applicant under the temporary training permit;
(2)  the person will notify the department not later than the 10th day after the date of the applicant's termination of supervision by the person; and
(3)  if the person is licensed under Chapter 401, the person will comply with all provisions of this chapter and rules adopted under this chapter that relate to the supervision and training of a temporary training permit holder.
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. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.107, 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 F. Temporary Training Permit › Section 402.253. Expiration of Temporary Training Permit

Sec. 402.253.  EXPIRATION OF TEMPORARY TRAINING PERMIT.  (a)  A temporary training permit authorizes the permit holder to fit and dispense hearing instruments until the earlier of:
(1)  the date the permit expires;  or
(2)  the date the permit holder passes the examination required for a license under this chapter.
(b)  A temporary training permit automatically expires on the first anniversary of the date of issuance unless the department extends the permit for an additional period not to exceed one year.
(c)  The department may not extend a temporary training permit more than once.
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. 1.108, 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 F. Temporary Training Permit › Section 402.254. Guidelines for Training of Temporary Training Permit Holders

Sec. 402.254.  GUIDELINES FOR TRAINING OF TEMPORARY TRAINING PERMIT HOLDERS.  (a)  The commission by rule shall establish formal and practical education guidelines for the training of temporary training permit holders.
(b)  The guidelines must include directions to the supervisor about:
(1)  the subject matter to be taught;
(2)  the length of the training;
(3)  the extent of a temporary training permit holder's contact with the public;  and
(4)  the responsibility of the supervisor for direct and indirect supervision of all aspects of the training.
(c)  The training period begins on the date of issuance of the temporary permit.  A temporary training permit holder must complete at least 150 hours of directly supervised practicum that includes:
(1)  25 contact hours of pure tone air conduction, bone conduction, and speech audiometry, recorded and live voice, with 15 of the required hours being with actual clients;
(2)  25 client contact hours of hearing instrument evaluations, including sound-field measurements with recorded and live voice;
(3)  20 contact hours of instrument fittings with actual clients;
(4)  10 contact hours of earmold orientation types, uses, and terminology;
(5)  five contact hours of earmold impressions and otoscopic examinations of the ear;
(6)  15 contact hours of troubleshooting of defective hearing instruments;
(7)  20 contact hours of case history with actual clients;
(8)  10 contact hours regarding the laws governing the licensing of persons fitting and dispensing hearing instruments and federal Food and Drug Administration and Federal Trade Commission regulations relating to the fitting and dispensing of hearing instruments;  and
(9)  20 contact hours of supplemental work in one or more of the areas described by Subdivisions (1) through (8).
(d)  A contact hour consists of 55 minutes.
(e)  On completion of the directly supervised practicum required under Subsection (c), the temporary training permit holder shall complete the permit holder's training under the indirect supervision of the permit holder's supervisor.
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. 1.109, 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 F. Temporary Training Permit › Section 402.256. Authority of Temporary Training Permit Holder

Sec. 402.256.  AUTHORITY OF TEMPORARY TRAINING PERMIT HOLDER.  (a)  A temporary training permit holder may provide routine fitting and dispensing of hearing instruments that have been ordered by the supervisor.  The supervisor is the sole judge of whether the permit holder has the qualifications necessary to perform routine fitting and dispensing.  A supervisor is accountable to the department for the actions and misdeeds of a temporary training permit holder acting at the supervisor's discretion.
(b)  A temporary training permit holder may not:
(1)  own, manage, or independently operate a business that engages in the fitting or sale of hearing instruments; or
(2)  advertise or otherwise represent that the permit holder holds a license 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. 1.111, 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 F. Temporary Training Permit › Section 402.257. Transfer to Another Supervisor

Sec. 402.257.  TRANSFER TO ANOTHER SUPERVISOR.  (a)  On the request of a supervisor or temporary training permit holder, the department may approve a transfer of a permit holder from the permit holder's supervisor to another eligible supervisor before completion of the training.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(96), eff. September 1, 2015.
(c)  The department may approve a second transfer request before completion of the training only under exceptional circumstances.  The department may not approve more than two transfers.
(d)  If a transfer is approved, credit may be transferred at the discretion of the department.
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. 1.112, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(96), 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 G. License Renewal › Section 402.301. License Renewal

Sec. 402.301.  LICENSE RENEWAL.  (a)  A license under this chapter is valid for two years.  The department shall renew the license every two years on payment of the renewal fee unless the license is suspended or revoked.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(97), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(97), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(97), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(97), eff. September 1, 2015.
(f)  The department may not renew a license unless the license holder provides proof that all equipment that is used by the license holder to produce a measurement in the testing of hearing acuity has been properly calibrated or certified by a qualified technician.
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. 8, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.113, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(97), 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 G. License Renewal › Section 402.304. Alternative to Continuing Education Requirement

Sec. 402.304.  ALTERNATIVE TO CONTINUING EDUCATION REQUIREMENT.  A license holder may be credited with continuing education credit hours for a published book or article written by the license holder that contributes to the license holder's professional competence.  The department may grant credit hours based on the degree to which the published book or article advances knowledge regarding the fitting and dispensing of hearing instruments.  A license holder may claim in a reporting period not more than five credit hours for preparation of a publication.
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. 20, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.115, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.006, 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 G. License Renewal › Section 402.305. Continuing Education Exemptions

Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS.  The department may renew the license of a license holder who does not comply with the applicable continuing education requirements if the license holder:
(1)  was licensed for the first time during the 24 months before the reporting date; or
(2)  submits proof from an attending physician that the license holder suffered a serious or disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the reporting date.
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. 21, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.116, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.007, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.16, eff. September 1, 2021.
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 G. License Renewal › Section 402.306. Duplicate License

Sec. 402.306.  DUPLICATE LICENSE.  The department shall issue a duplicate license to a license holder whose license has been lost or destroyed.  The department may prescribe the procedure and requirements for issuance of a duplicate 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. 1.117, 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 H. Practice by License Holder › Section 402.351. Display of License

Sec. 402.351.  DISPLAY OF LICENSE.  A person engaged in fitting and dispensing hearing instruments shall display the person's license in a conspicuous place in the person's principal office and, when required, shall exhibit the license to the department or its authorized representative.
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. 1.118, 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 H. Practice by License Holder › Section 402.352. Information on Prospective Amplification Candidates

Sec. 402.352.  INFORMATION ON PROSPECTIVE AMPLIFICATION CANDIDATES.  A license holder shall try to obtain, personally or through a proper referral, at least the following information on each prospective candidate for amplification:
(1)  the candidate's pertinent case history;
(2)  otoscopic inspection of the outer ear, including canal and drumhead;
(3)  evaluation of hearing acuity using pure tone techniques through air and bone conduction pathways through a calibrated system;
(4)  an aided and unaided speech reception threshold and ability to differentiate between the phonemic elements of language through speech audiometry, using a calibrated system or other acceptable verification techniques;  and
(5)  verification of satisfactory aided instrument performance by use of appropriate sound-field speech, noise, or tone testing, using a calibrated system.
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 H. Practice by License Holder › Section 402.353. Sound-Level Measurements

Sec. 402.353.  SOUND-LEVEL MEASUREMENTS.  (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 current 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. 1.119, 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 H. Practice by License Holder › Section 402.354. Client Access to Records

Sec. 402.354.  CLIENT ACCESS TO RECORDS.  A client of a person licensed to fit and dispense hearing instruments or of a hearing instrument fitting and dispensing practice is entitled to obtain a copy of the client's records that pertain to the testing for, and fitting and dispensing of, hearing instruments by making a signed, written request to the license holder or practice for the records.
Added by Acts 2017, 85th Leg., R.S., Ch. 1023 (H.B. 1543), Sec. 1, 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 I. General Business Regulations › Section 402.401. Trial Period

Sec. 402.401.  TRIAL PERIOD.  The commission by rule shall establish guidelines for a 30-day trial period during which a person may cancel the purchase of a hearing instrument.
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. 1.120, 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 I. General Business Regulations › Section 402.402. Sale to Minor

Sec. 402.402.  SALE TO MINOR.  (a)  A licensed hearing instrument fitter and dispenser may not sell a hearing instrument to a person under 18 years of age unless the prospective user or a parent or guardian of the prospective user has presented to the hearing instrument fitter and dispenser a written statement, signed by a licensed physician specializing in diseases of the ear, that states that the patient's hearing loss has been medically evaluated and that the patient may be considered a candidate for a hearing instrument.
(b)  The physician's evaluation must have taken place within the preceding six months.
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 I. General Business Regulations › Section 402.403. Written Contract

Sec. 402.403.  WRITTEN CONTRACT.  The owner of a hearing instrument fitting and dispensing practice shall ensure that each client receives a written contract at the time of purchase of a hearing instrument that contains the information prescribed by commission rule.
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. 9, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.121, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 8, 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 I. General Business Regulations › Section 402.404. Surety Bonding

Sec. 402.404.  SURETY BONDING.  (a)  A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments shall file with the department security in a form provided by Subsection (b) in the amount of $10,000 and conditioned on the promise to pay all:
(1)  taxes and contributions owed to the state and political subdivisions of the state by the entity; and
(2)  judgments that the entity may be required to pay for:
(A)  negligently or improperly dispensing hearing instruments; or
(B)  breaching a contract relating to the dispensing of hearing instruments.
(b)  The security may be a bond, a cash deposit, or another negotiable security acceptable to the department.
(c)  A bond required by this section remains in effect until canceled by action of the surety, the principal, or the department.  A person must take action on the bond not later than the third anniversary of the date the bond is canceled.
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. 1.122, 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 I. General Business Regulations › Section 402.405. Recovery on Surety Bond

Sec. 402.405.  RECOVERY ON SURETY BOND.  The purchaser of a hearing instrument may rescind the purchase and recover as provided by Section 402.404 for:
(1)  a material misstatement of fact or misrepresentation by a license holder employed by an entity subject to Section 402.404 regarding the instrument or services to be provided by the license holder that was relied on by the purchaser or that induced the purchaser to purchase the instrument;
(2)  the failure by the entity subject to Section 402.404 to provide the purchaser with an instrument or with fitting and dispensing services that conform to the specifications of the purchase agreement;
(3)  the diagnosis of a medical condition unknown to the purchaser at the time of the purchase that precludes the purchaser's use of the instrument;
(4)  the failure by the entity subject to Section 402.404 to remedy a significant material defect of the instrument within a reasonable time;
(5)  the provision by the entity subject to Section 402.404 of fitting and dispensing services that are not in accordance with accepted industry practices;  or
(6)  the failure by a license holder employed by the entity subject to Section 402.404 to meet the standards of conduct prescribed by this chapter or under rules adopted under this chapter that adversely affects the transactions between the purchaser and the license holder or the entity subject to Section 402.404.
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 J. Prohibited Practices › Section 402.451. Prohibited Acts

Sec. 402.451.  PROHIBITED ACTS.
(a)  A person may not:
(1)  buy, sell, or fraudulently obtain a license or aid another person to do so;
(2)  alter a license with the intent to defraud;
(3)  wilfully make a false statement in an application to the department for a license, a temporary training permit, or the renewal of a license;
(4)  falsely impersonate a license holder; or
(5)  engage in the fitting and dispensing of hearing instruments when the person's license is suspended or revoked.
(b)  A license or permit holder may not:
(1)  solicit a potential customer by telephone unless the license or permit holder clearly discloses the holder's name and business address and the purpose of the communication;
(2)  use or purchase for use a list of names of potential customers compiled by telephone by a person other than the license or permit holder, the license or permit holder's authorized agent, or another license or permit holder; or
(3)  perform any act that requires a license from the Texas Optometry Board or the Texas Medical Board.
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. 5.060, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.123, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.008, 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 J. Prohibited Practices › Section 402.453. Treatment of Ear Defects; Administration of Drugs

Sec. 402.453.  TREATMENT OF EAR DEFECTS;  ADMINISTRATION OF DRUGS.  (a)  A license holder may not treat the ear in any manner for any defect or administer any drug or physical treatment unless the license holder is a physician licensed to practice by the Texas Medical Board.
(b)  This chapter does not affect a law regulating the practice of medicine as defined by Subtitle B.
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. 5.062, eff. April 2, 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 L. Enforcement Provisions › Section 402.5521. Refund for Hearing Instrument

Sec. 402.5521.  REFUND FOR HEARING INSTRUMENT.  The commission or executive director may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 402.1021.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 23, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.127, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter A. General Provisions › Section 403.001. Definitions

Sec. 403.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Department" means the Texas Department of Licensing and Regulation.
(3)  "Executive director" means the executive director of the department.
(4)  "License holder" means a person who holds a license issued under this chapter.
(5)  "Multisensory structured language education" means a program described by the International Multisensory Structured Language Education Council for the treatment of individuals with dyslexia and related disorders that provides instruction in the skills of reading, writing, and spelling:
(A)  through program content that includes:
(i)  phonology and phonological awareness;
(ii)  sound and symbol association;
(iii)  syllables;
(iv)  morphology;
(v)  syntax; and
(vi)  semantics; and
(B)  following principles of instruction that include:
(i)  simultaneous multisensory instruction, including visual-auditory-kinesthetic-tactile instruction;
(ii)  systematic and cumulative instruction;
(iii)  explicit instruction;
(iv)  diagnostic teaching to automaticity; and
(v)  synthetic and analytic instruction.
(6)  "Qualified instructor" means a person described by Section 403.110.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(5), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.129, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter A. General Provisions › Section 403.003. Applicability

Sec. 403.003.  APPLICABILITY.  This chapter does not:
(1)  require a school district to employ a person licensed under this chapter;
(2)  require an individual who is licensed under Chapter 501 to obtain a license under this chapter; or
(3)  authorize a person who is not licensed under Chapter 401 to practice audiology or speech-language pathology.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter B. Powers and Duties › Section 403.051. Advisory Committee

Sec. 403.051.  ADVISORY COMMITTEE.  The department shall appoint an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.130, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter B. Powers and Duties › Section 403.0511. General Powers and Duties

Sec. 403.0511.  GENERAL POWERS AND DUTIES.  The executive director shall administer and enforce this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.131, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter B. Powers and Duties › Section 403.052. Standards of Ethical Practice

Sec. 403.052.  STANDARDS OF ETHICAL PRACTICE.  The commission shall adopt rules that establish standards of ethical practice.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.132, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter B. Powers and Duties › Section 403.053. Publishing License Holder Home Address Prohibited

Sec. 403.053.  PUBLISHING LICENSE HOLDER HOME ADDRESS PROHIBITED.  (a)  The department may not include the home address of a person licensed under this chapter in a roster, registry, or other database the department publishes on the department's Internet website unless the person requests that the person's home address appear in the roster, registry, or other database on the website.  A request under this subsection must be made in the manner prescribed by the department.
(b)  The home address of a person licensed under this chapter that is included in a roster, registry, or other database the department maintains is public information and is not excepted from required disclosure under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 91 (H.B. 125), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.101. License Required

Sec. 403.101.  LICENSE REQUIRED.  A person may not use the title "licensed dyslexia practitioner" or "licensed dyslexia therapist" in this state unless the person holds the appropriate license under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2010.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.102. Issuance of License

Sec. 403.102.  ISSUANCE OF LICENSE.  The department shall issue a licensed dyslexia practitioner or licensed dyslexia therapist license to an applicant who meets the requirements of this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.1025. Term of License

Sec. 403.1025.  TERM OF LICENSE.  A license issued under this chapter is valid for two years.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.066, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.103. License Application

Sec. 403.103.  LICENSE APPLICATION.  (a)  A license applicant 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.133, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.104. Eligibility for Licensed Dyslexia Practitioner License

Sec. 403.104.  ELIGIBILITY FOR LICENSED DYSLEXIA PRACTITIONER LICENSE.  (a)  To be eligible for a licensed dyslexia practitioner license, an applicant must have:
(1)  earned a bachelor's degree from an accredited public or private institution of higher education;
(2)  successfully completed at least 45 hours of course work in multisensory structured language education from a training program that meets the requirements of Section 403.106;
(3)  completed at least 60 hours of supervised clinical experience in multisensory structured language education;
(4)  completed at least five demonstration lessons of the practice of multisensory structured language education, each observed by an instructor from a training program that meets the requirements of Section 403.106 and followed by a conference with and a written report by the instructor; and
(5)  successfully completed a national multisensory structured language education competency examination approved by the department and administered by a national certifying professional organization.
(b)  Clinical experience required under Subsection (a)(3) must be obtained under:
(1)  the supervision of a qualified instructor or an instructor from an accredited training program that meets the requirements of Section 403.106; and
(2)  guidelines approved by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.105. Eligibility for Licensed Dyslexia Therapist License

Sec. 403.105.  ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST LICENSE.  (a)  To be eligible for a licensed dyslexia therapist license, an applicant must have:
(1)  earned at least a master's degree from an accredited public or private institution of higher education;
(2)  successfully completed at least 200 hours of course work in multisensory structured language education from a training program that meets the requirements of Section 403.106;
(3)  completed at least 700 hours of supervised clinical experience in multisensory structured language education;
(4)  completed at least 10 demonstration lessons of the practice of multisensory structured language education, each observed by an instructor from a training program that meets the requirements of Section 403.106 and followed by a conference with and a written report by the instructor; and
(5)  successfully completed a national multisensory structured language education competency examination approved by the department and administered by a national certifying professional organization.
(b)  Clinical experience required under Subsection (a)(3) must be obtained under:
(1)  the supervision of a qualified instructor or an instructor from an accredited training program that meets the requirements of Section 403.106; and
(2)  guidelines approved by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.107. Examination

Sec. 403.107.  EXAMINATION.  (a)  To obtain a license, an applicant must:
(1)  pass a written examination approved by the department under Subsection (b); and
(2)  pay the required fees.
(b)  The department shall:
(1)  identify and designate a competency examination that is related to multisensory structured language education and that will be administered at least twice each year by a professional organization that issues national certifications; and
(2)  maintain a record of all examinations for at least two years after the date of examination.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.067, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.134, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.135, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 4.002, eff. September 1, 2017.