Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter A - GENERAL PROVISIONS › Section 112.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Texas Occupations
				  Code, Chapter 402, concerning the licensing of persons authorized to fit and
				  dispense hearing instruments.
(2)
				  Advisory board--The Hearing Instrument Fitters and Dispensers Advisory
				  Board.
(3) Applicant--An individual
				  who applies for a license or permit under the Act.
(4) Apprentice permit--A permit issued by the
				  department to an individual who meets the qualifications established by Texas
				  Occupations Code, §
										402.207 and this
				  chapter, and which authorizes the permit holder to fit and dispense hearing
				  instruments under appropriate supervision from an individual who holds a
				  license to fit and dispense hearing instruments without supervision under Texas
				  Occupations Code, Chapter 401 or 402, other than an individual licensed under
				  §401.311 or §401.312.
(5)
				  Certification, proof of--A certificate of calibration, compliance, conformance,
				  or performance.
(6) Commission--The
				  Texas Commission of Licensing and Regulation.
(7) Contact hour--A period of time equal to
				  55 minutes.
(8) Continuing
				  education hour--A period of time equal to 50 minutes.
(9) Contract--See definition for "written
				  contract for services."
(10)
				  Continuing education--Education intended to maintain and improve the quality of
				  professional services in the fitting and dispensing of hearing instruments, to
				  keep licensees knowledgeable of current research, techniques, and practices,
				  and provide other resources which will improve skills and competence in the
				  fitting and dispensing of hearing instruments.
(11) Continuing education provider--A
				  provider of a continuing education activity.
(12) Department--The Texas Department of
				  Licensing and Regulation.
(13)
				  Direct supervision--The physical presence with prompt evaluation, review and
				  consultation of a supervisor any time a temporary training permit holder is
				  engaged in the act of fitting and dispensing of hearing instruments.
(14) Executive director--The executive
				  director of the department.
(15)
				  Fitting and dispensing hearing instruments--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 post-fitting counseling for the purpose of fitting and dispensing
				  hearing instruments.
(16) Hearing
				  aid--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.
(17) Hearing instrument--A prescription
				  hearing aid as that term is defined by
				  21 C.F.R. Section
				  800.30.
(18) Indirect supervision--The daily
				  evaluation, review, and prompt consultation of a supervisor any time a permit
				  holder is engaged in the act of fitting and dispensing hearing
				  instruments.
(19) License--A
				  license issued by the department under the Act and this chapter to a person
				  authorized to fit and dispense hearing instruments.
(20) Licensee--Any person licensed or
				  permitted by the department under Texas Occupations Code Chapter 401 or
				  402.
(21) Manufacturer--The term
				  includes a person who applies to be a continuing education provider who is
				  employed by, compensated by, or represents an entity, business, or corporation
				  engaged in any of the activities described in this paragraph. An entity,
				  business, or corporation that:
(A) is engaged
				  in manufacturing, producing, or assembling hearing instruments for wholesale to
				  a licensee or other hearing instrument provider;
(B) is engaged in manufacturing, producing,
				  or assembling hearing instruments for sale to the public;
(C) is a subsidiary of, or held by, an entity
				  that is engaged in manufacturing, producing, or assembling hearing instruments
				  as described in this definition;
(D) holds an entity, business, or corporation
				  engaged in manufacturing, producing, or assembling hearing instruments as
				  described in this definition; or
(E) serves as a buying group for an entity,
				  business, or corporation engaged in manufacturing, producing, or assembling
				  hearing instruments as described in this definition.