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 K. License Denial and Disciplinary Procedures › Section 402.501. Grounds for License Denial and Disciplinary Action

Sec. 402.501.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION.  The commission or executive director may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person whose license or permit has been suspended, or reprimand a license or permit holder who:
(1)  makes a material misstatement in furnishing information to the department or to another state or federal agency;
(2)  violates this chapter or a rule adopted under this chapter;
(3)  is convicted of a felony or misdemeanor that includes dishonesty as an essential element or of a crime directly related to the practice of fitting and dispensing hearing instruments;
(4)  makes a misrepresentation for the purpose of obtaining or renewing a license, including falsifying the educational requirements under this chapter;
(5)  is professionally incompetent or engages in malpractice or dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(6)  aids or assists another person in violating this chapter or a rule adopted under this chapter;
(7)  does not provide information in response to a written request made by the department within 60 days;
(8)  directly or indirectly knowingly employs, hires, procures, or induces a person not licensed under this chapter to fit and dispense hearing instruments unless the person is exempt under this chapter;
(9)  aids a person not licensed under this chapter in the fitting or dispensing of hearing instruments unless the person is exempt under this chapter;
(10)  is habitually intoxicated or addicted to a controlled substance;
(11)  directly or indirectly gives to or receives from a person a fee, commission, rebate, or other form of compensation for a service not actually provided;
(12)  violates a term of probation;
(13)  wilfully makes or files a false record or report;
(14)  has a physical illness that results in the inability to practice the profession with reasonable judgment, skill, or safety, including the deterioration or loss of motor skills through aging;
(15)  solicits a service by advertising that is false or misleading;
(16)  participates in subterfuge or misrepresentation in the fitting or dispensing of a hearing instrument;
(17)  knowingly advertises for sale a model or type of hearing instrument that cannot be purchased;
(18)  falsely represents that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of a hearing instrument;
(19)  falsely uses the term "doctor," "audiologist," "clinic," "clinical audiologist," "state licensed," "state certified," "licensed hearing instrument dispenser," "board certified hearing instrument specialist," "hearing instrument specialist," or "certified hearing aid audiologist," or uses any other term, abbreviation, or symbol that falsely gives the impression that:
(A)  a service is being provided by a person who is licensed or has been awarded a degree or title; or
(B)  the person providing a service has been recommended by a government agency or health provider;
(20)  advertises a manufacturer's product or uses a manufacturer's name or trademark in a way that implies a relationship between a license or permit holder and a manufacturer that does not exist;
(21)  directly or indirectly gives or offers to give, or permits or causes to be given, money or another thing of value to a person who advises others in a professional capacity as an inducement to influence the person to influence the others to:
(A)  purchase or contract to purchase products sold or offered for sale by the license or permit holder; or
(B)  refrain from purchasing or contracting to purchase products sold or offered for sale by another license or permit holder under this chapter;
(22)  with fraudulent intent fits and dispenses a hearing instrument under any name, including a false name or alias;
(23)  does not adequately provide for the service or repair of a hearing instrument fitted and sold by the license holder; or
(24)  violates a regulation of the federal Food and Drug Administration or the Federal Trade Commission relating to hearing instruments.
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. 11, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.063, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.124, eff. September 1, 2015.