Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter O - JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS › Section 112.140 - Requirements Regarding the Sale of Hearing Instruments

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter constitutes the rules
				  required by Texas Occupations Code §
										401.2021 and §
										402.1021 to be
				  adopted by the commission with the assistance of the Speech-Language Pathology
				  and Audiology Advisory Board and the Hearing Instrument Fitters and Dispensers
				  Advisory Board. The requirements of this subchapter shall be repealed or
				  amended only through consultation with, and mutual action by, both advisory
				  boards.
(b) Guidelines for a 30
				  consecutive day trial period for a hearing instrument.
(1) All clients shall be informed of a 30
				  consecutive day trial period by written contract for services related to a
				  hearing instrument. All charges associated with such trial period shall be
				  included in this written contract for services, which shall include the name,
				  address, and telephone number of the department.
(2) Any client purchasing one or more hearing
				  instruments shall be entitled to a refund of the purchase price advanced by the
				  client for the hearing instrument(s), less the agreed-upon amount associated
				  with the trial period, upon return of the instrument(s), in good condition to
				  the licensed hearing instrument dispenser, apprentice permit holder, or
				  temporary training permit holder within the trial period ending 30 consecutive
				  days from the date of delivery. Should the order be canceled by the client
				  prior to the delivery of the hearing instrument(s), the licensed hearing
				  instrument dispenser, apprentice permit holder, or temporary training permit
				  holder may retain the agreed-upon charges and fees as specified in the written
				  contract for services. The client shall receive the refund due no later than
				  the 30th day after the date on which the client cancels the order or returns
				  the hearing instrument(s), in good condition, to the licensed hearing
				  instrument dispenser, apprentice permit holder, or temporary training permit
				  holder.
(3) Should the hearing
				  instrument(s) have to be returned to the manufacturer for repair or remake
				  during the trial period, the 30 consecutive day trial period begins anew. The
				  trial period begins on the day the client reclaims the repaired/remade hearing
				  instrument(s). The expiration date of the new 30 consecutive day trial period
				  shall be made available to the client in writing, through an amendment to the
				  original written contract. The amendment shall be signed by both the licensed
				  hearing instrument dispenser, apprentice permit holder, or temporary training
				  permit holder and the client.
(4)
				  On delivery of a new replacement hearing instrument(s) during the trial period,
				  the serial number of the new instrument(s), the delivery date of the hearing
				  instrument(s), and the date of the expiration of the 30 consecutive day trial
				  period must be stated in writing.
(5) If the date of the expiration of the 30
				  consecutive day trial period falls on a holiday, weekend, or a day the business
				  is not open, the expiration date shall be the first day the business
				  reopens.