Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter W - JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS › Section 111.220 - 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
				  Pathologists and Audiologists 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				  repealed or amended only through consultation with, and mutual action by, both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 audiologist or licensed intern in audiology 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 audiologist or licensed intern in audiology 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 audiologist or licensed
				  intern in audiology.
(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 audiologist or licensed intern in audiology 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.