reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.171 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has adopted rules related
				  to handling complaints regarding standard of care pursuant to Texas Occupations
				  Code §
										RSA 51.2031. These
				  rules are located at 16 Texas Administrative Code Chapter 100.
(b) A qualified person may assist the
				  department in the review and investigation of complaints and will be immune
				  from liability related to these activities pursuant to Texas Occupations Code
				  §
										RSA
				  51.252.
(c) The provisions regarding the
				  confidentiality of complaint and disciplinary information are provided under
				  Texas Occupations Code §
										RSA
				  51.254.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.172 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Texas
					 Occupations Code, Chapters 51 or 401, this chapter, or any rule or order of the
					 executive director or commission, proceedings may be instituted to impose
					 administrative penalties, administrative sanctions, or both in accordance with
					 the provisions of Texas Occupations Code, Chapters 51 and 401, as applicable,
					 and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.173 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
					 Code, Chapters 51 and 401 and any associated rules may be used to enforce Texas
					 Occupations Code, Chapter 401 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.174 - Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  order an audiologist to pay a refund to a consumer who returns a hearing
				  instrument(s) during the 30-day trial period required by the rules adopted
				  under Subchapter W (regarding Joint Rule Regarding the Sale of Hearing
				  Instruments).
(b) If the 30-day
				  period ends on a Sunday or a holiday, then the 30-day period shall not expire
				  until the next business day.
(c)
				  The licensee shall have thirty (30) days from the date of a consumer's return
				  of the hearing instrument(s) to reimburse the consumer.
(d) In the event that the licensee fails to
				  reimburse the consumer within the prescribed period in subsection (c), then the
				  licensee may be subject to additional penalties and/or sanctions provided for
				  under the Act and rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.175 - Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				  offer to surrender the license to the executive director. The executive
				  director will accept the voluntary surrender of the license and void it
				  immediately.
(b) When a licensee
				  has offered the surrender of the license after a complaint has been filed
				  alleging violations of the Act or this chapter, and the executive director has
				  accepted the surrender, that surrender is deemed to be the result of a formal
				  disciplinary action.
(c) A license
				  which has been surrendered and accepted may not be reinstated; however, that
				  person may apply for a new license in accordance with the Act and this
				  chapter.
(d) This section does not
				  apply to a license that is subject to §111.176.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter R - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 111.176 - Automatic Denials and Revocations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department shall deny an application for a license, and shall revoke a
				  license issued under Chapter 401, under the circumstances set forth in Texas
				  Occupations Code, Chapter 108, Subchapter B.
(b) A person whose application for a license
				  has been denied, or whose license has been revoked, pursuant to Texas
				  Occupations Code, Chapter 108, Subchapter B, may reapply or seek reinstatement
				  as provided by that subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter T - SCREENING PROCEDURES › Section 111.190 - Communication Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  licensed under the Act may participate in communication screening.
(b) Communication screening should include
				  cursory assessments of language and speech to determine if further testing is
				  indicated. Formal instruments and informal observations may be used for the
				  assessment. If the screening is not passed, a detailed evaluation is indicated.
(1) The aspects of language to be screened
				  may include phonology, morphology, syntax, semantics, and pragmatics.
(2) The aspects of speech to be screened may
				  include articulation or speech sound production, voice (including phonation and
				  resonation), and fluency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter T - SCREENING PROCEDURES › Section 111.191 - Hearing Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  licensed under the Act may participate in hearing screening.
(b) Hearing screening shall be performed and
				  interpreted as follows.
(1) Use a screening
				  level of 25 dB HL (ANSI, 1996) for pre-kindergarten and kindergarten, and 20 dB
				  HL (ANSI, 1996) for grades 1 through 12, at the frequencies of 1,000, 2,000,
				  and 4,000 hertz (Hz) in both ears.
(2) The criterion for failure is no response
				  at the screening level at any one frequency in either ear.
(3) Screening failures shall be followed with
				  a second pure-tone air conduction screening utilizing the same protocol within
				  four weeks.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter T - SCREENING PROCEDURES › Section 111.192 - Newborn Hearing Screening

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Individuals licensed under the Act may participate in universal newborn hearing
				  screening as defined by the Texas Health and Safety Code, Chapter 47.
(b) Individuals licensed under this Act are
				  subject to 25 TAC Chapter 37, regarding reporting hearing screening or
				  audiologic outcomes to the Department of State Health Services (DSHS) through
				  the designated electronic tracking system and 40 TAC Chapter 108, regarding
				  referral of children under the age of three years to Early Childhood
				  Intervention (ECI).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter U - FITTING AND DISPENSING OF HEARING INSTRUMENTS › Section 111.201 - General Practice Requirements of Audiologists and Interns in Audiology Who Fit and Dispense Hearing Instruments

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Act, a licensed audiologist or
					 licensed intern in audiology, who fits and dispenses hearing instruments,
					 shall:
(1) adhere to the federal Food
				  and Drug Administration regulations in accordance with 21 Code of Federal
				  Regulations §801.422;
(2)
				  ensure that all equipment used by the licensee within the licensee's scope of
				  practice is calibrated in compliance with the American National Standards
				  Institute (ANSI), S3.6, 1989, Specification for Audiometers, or S3.6, 1996,
				  Specification for Audiometers;
(3)
				  if the client is under age 18, receive a written statement before selling a
				  hearing instrument that is signed by a licensed physician preferably one who
				  specializes in diseases of the ear and states that the client's hearing loss
				  has been medically evaluated during the preceding six-month period and that the
				  client may be a candidate for a hearing instrument. A written statement is not
				  required for clients 18 years of age or older;
(4) verify appropriate fit of the hearing
				  instrument(s), which may include real ear measures, functional gain measures,
				  or other professionally accepted measures; and
(5) use a written contract that contains the
				  department's name, mailing address, telephone number, and Internet website
				  address, when providing services in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter U - FITTING AND DISPENSING OF HEARING INSTRUMENTS › Section 111.202 - Requirements of Audiologists and Interns in Audiology Conducting Audiometric Testing for the Purpose of Fitting and Dispensing Hearing Instruments

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Act, a licensed audiologist or
					 licensed intern in audiology who fits and dispenses hearing instruments shall
					 comply with this section when testing hearing for the purpose of determining
					 the need for amplification and the verification of the appropriate fit of
					 hearing instrument(s).
(1) Licensees
				  must adhere to the most current American National Standards Institute (ANSI)
				  octave band criteria for permissible ambient noise levels during audiometric
				  testing.
(2) This requirement is
				  best met when a stationary acoustical enclosure is utilized.
(3) A stationary acoustical enclosure is any
				  fixed enclosed space in which an individual is located for the purpose of
				  testing hearing to threshold. A stationary acoustical enclosure may also be
				  known as an audiometric or hearing test booth, room, suite, area, or
				  space.
(4) Procedures referenced in
				  Texas Occupations Code §
										RSA
				  401.401 should be followed when testing
				  outside of a stationary acoustical enclosure.
(A) Hearing testing that occurs in an area
				  that does not meet the standard of a stationary acoustical enclosure for the
				  purpose of determining the need for amplification is not considered a
				  diagnostic or threshold measurement.
(B) In the event amplification is fit and
				  verification measures cannot be completed in a stationary acoustical enclosure,
				  instrumentation that is minimally affected by ambient noise including but not
				  limited to, real ear measures, shall be utilized to assure the appropriate fit
				  of the amplification.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter V - TELEHEALTH › Section 111.210 - Definitions Relating to Telehealth

Current through Reg. 49, No. 28; July 12, 2024
Unless the context clearly indicates otherwise, the
					 following words and terms, when used in this subchapter, shall have the
					 following meanings.
(1) Client--A
				  consumer or proposed consumer of speech-language pathology or audiology
				  services.
(2) Client site--The
				  physical location of the client at the time the telehealth services are being
				  provided.
(3) Facilitator--The
				  individual at the client site who assists with the delivery of the telehealth
				  services at the direction of the provider.
(4) Provider--An individual who holds a
				  current speech-language pathology, audiology, or dual license under Texas
				  Occupations Code §
										RSA
				  401.302 and §
										RSA
				  401.304; an individual who holds a current
				  speech-language pathology intern or an audiology intern license under Texas
				  Occupations Code §
										RSA
				  401.311; or an individual who holds a current
				  speech-language pathology assistant license under Texas Occupations Code §
										RSA
				  401.312.
(5) Provider site--The physical location of
				  the provider at the time the telehealth services are provided which is distant
				  or remote from the client site.
(6)
				  Telecommunications--Interactive communication at a distance by concurrent
				  two-way transmission, using telecommunications technology, of information,
				  including, without limitation, sound, visual images, and/or computer data,
				  between the client site and the provider site, and required to occur without a
				  change in the form or content of the information, as sent and received, other
				  than through encoding or encryption of the transmission itself for purposes of
				  and to protect the transmission.
(7) Telecommunications technology--Computers,
				  smart phones, and equipment, other than analog telephone, email or facsimile
				  technology and equipment, used or capable of use for purposes of
				  telecommunications. For purposes of this subchapter, the term includes, without
				  limitation:
(A) compressed digital
				  interactive video, audio, or data transmission;
(B) clinical data transmission using computer
				  imaging by way of still-image capture and storage and forward;
(C) smart phones, or any audio-visual,
				  real-time, or two-way interactive communication system; and
(D) other technology that facilitates the
				  delivery of telehealth services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter V - TELEHEALTH › Section 111.211 - Service Delivery Models

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Telehealth may be delivered in a variety of ways, including, but not limited to
				  those set out in this section.
(1)
				  Store-and-forward model/electronic transmission is an asynchronous electronic
				  transmission of stored clinical data from one location to another.
(2) Clinician interactive model is a
				  synchronous, real time interaction between the provider and client that may
				  occur via telecommunication links.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 111 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Subchapter V - TELEHEALTH › Section 111.212 - Requirements for Providing Telehealth Services and Using Telehealth

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) Except where noted, this subchapter
				  applies to speech-language pathologists, speech-language pathology interns,
				  speech-language pathology assistants, audiologists, audiology interns,
				  audiology assistants, and dual speech-language pathologist and audiologist
				  license holders, as authorized under this subchapter.
(2) Except to the extent it imposes
				  additional or more stringent requirements, this subchapter does not affect the
				  applicability of any other requirement or provision of law to which an
				  individual is otherwise subject under this chapter or other law.
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 112.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the
					 Texas Occupations Code, Chapters 51 and 402, and Chapter 401 as
					 applicable.
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 112.3 - Over-the-Counter Hearing Aids

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in this section, this chapter does not apply to servicing, marketing,
				  selling, dispensing, providing customer support for, acquiring, or distributing
				  over-the-counter hearing aids.
(b)
				  A person is not required to obtain a license under this chapter to engage in an
				  activity described by subsection (a).
(c) A person may not use the title "licensed
				  dispenser" or "licensed seller" with respect to over-the-counter hearing aids
				  or otherwise represent that the person holds a license to sell or dispense
				  over-the-counter hearing aids unless the person is licensed as a hearing
				  instrument fitter and dispenser under this chapter or as an audiologist or
				  audiologist intern under Chapter 111.
(d) The supervision, prescription, order,
				  involvement, or intervention of a person licensed in this state is not required
				  under this chapter for a consumer to access over-the-counter hearing
				  aids.
(e) A person licensed under
				  this chapter may service, market, sell, dispense, provide customer support for,
				  or distribute over-the-counter hearing aids. These activities do not exempt a
				  person licensed under this chapter from any applicable provision of this
				  chapter unrelated to the activities in (a).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter B - HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD › Section 112.10 - Membership

Current through Reg. 49, No. 28; July 12, 2024
The advisory board consists of nine members appointed by
					 the presiding officer of the commission, with the approval of the commission as
					 follows:
(1) six members licensed
				  under this chapter who have been engaged in fitting and dispensing hearing
				  instruments for at least five years preceding appointment, not more than one of
				  whom may be licensed under Chapter 401;
(2) one member who is actively practicing as
				  a physician licensed by the Texas Medical Board and who:
(A) is a citizen of the United States;
				  and
(B) specializes in the practice
				  of otolaryngology; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter B - HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD › Section 112.11 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the department on technical matters relevant to the administration of this
					 chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter B - HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD › Section 112.12 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  advisory board serve staggered six-year terms. The terms of three members
				  expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's
				  term, the presiding officer of the commission, with the commission's approval,
				  shall appoint a replacement who meets the qualifications for the vacant
				  position to serve for the remainder of the term.
(c) A member of the advisory board may be
				  removed from the advisory board pursuant to Texas Occupations Code §
										RSA
				  51.209, Advisory Boards; Removal of Advisory
				  Board Member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter B - HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD › Section 112.13 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer of the commission
				  shall designate a member of the advisory board to serve as the presiding
				  officer of the advisory board for a term of one year. The presiding officer of
				  the advisory board may vote on any matter before the advisory board.
(b) The presiding officer shall preside at
				  all meetings at which the presiding officer is in attendance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter B - HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD › Section 112.14 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board shall meet at the call
				  of the presiding officer of the commission or the executive director.
(b) A quorum of the advisory board is
				  necessary to conduct official business. A quorum is five members.
(c) Advisory board action shall require a
				  majority vote of those members present and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.20 - Examination Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided under subsection (b), an individual must pass an examination
				  required by the department to qualify for a hearing instrument fitter and
				  dispenser license or an apprentice permit under this chapter.
(b) An individual licensed under Chapter 401,
				  as an audiologist or an audiology intern who is applying for a license under
				  this chapter, is exempt from the examination required under this chapter but
				  must comply with all other requirements under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.21 - Examination Contents and Test Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The examination required under the Act
				  shall consist of a written test, a practical test (all portions), and a
				  jurisprudence test.
(b) The
				  department shall administer or arrange for the administration of the
				  examination.
(1) The written test is the
				  International Licensing Examination for Hearing Instrument Dispenser,
				  administered by the department's designee.
(2) The practical test is developed by the
				  department and administered by the department's designee.
(3) The jurisprudence test is developed by
				  the department and administered by the department's designee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.22 - Examination Qualification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant must qualify to take the written test and the practical test. The
				  applicant must also take the jurisprudence test as described under
				  §112.26, but the applicant does not need to qualify to take the
				  jurisprudence test.
(b) The
				  department will review a temporary training permit holder's documentation as
				  prescribed under §112.53 to determine whether the applicant qualifies to
				  take the written and practical tests.
(c) The department will review an out of
				  state license holder's application and other submitted documentation as
				  prescribed under §112.33 to determine whether the applicant qualifies to
				  take the practical test.
(d) The
				  department or department's designee will notify the applicant who qualifies to
				  take the examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.23 - Examination and Test Results

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  applicant must pass the required examination consisting of the written,
				  practical (all portions), and jurisprudence tests.
(b) The department or the department's
				  designee will notify the applicant in writing regarding the applicant's test
				  results for the written and practical tests.
(c) The department's designee will provide a
				  certificate of completion to the applicant upon passage of the jurisprudence
				  test.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.24 - Failure of Examination or Test

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant who failed an examination or test may retake the examination or
				  test.
(b) An applicant who failed a
				  practical test may be retested only on those portions of the practical test
				  that the applicant failed.
(c) An
				  applicant must pay a new fee to retake the examination or test.
(d) An applicant must hold a current
				  temporary training permit or an out-of-state license under §112.33 in
				  order to retake the examination or test.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.25 - Practical Test Proctors

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  practical test must be administered by one or more qualified proctors selected
				  and assigned by the department.
(b)
				  Qualifications for test Proctor.
(1) A
				  proctor must be licensed in good standing as a hearing instrument fitter and
				  dispenser under the Act.
(2) A
				  proctor must have held the license for at least two years prior to the
				  practical test date.
(3) A proctor
				  must have observed at least three full practical tests and meet any other
				  proctor training requirements as prescribed by the department or its designee
				  prior to serving as a proctor.
(4)
				  Disciplinary actions or other actions that may disqualify a license holder from
				  serving as a proctor are:
(A) suspension or
				  probated suspension under this chapter;
(B) any action requiring supervision by
				  another person licensed under this chapter; or
(C) an administrative penalty or reprimand
				  under this chapter within three years prior to the test
				  date.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter C - EXAMINATIONS › Section 112.26 - Jurisprudence Test

Current through Reg. 49, No. 28; July 12, 2024
(a) To fulfill the
				  requirements under Texas Occupations Code § 402.204(b)(14), an applicant
				  must complete the jurisprudence test prescribed by the department.
(b) The jurisprudence test is separate from
				  the written and practical tests. The jurisprudence test covers the laws, rules,
				  and regulations of Texas and of the United States relating to the fitting and
				  dispensing of hearing instruments.
(c) The applicant must register online and
				  pay the jurisprudence test fee to the department's designee. The applicant does
				  not need to qualify through the department to take the jurisprudence test
				  .
(d) The applicant must
				  successfully complete the jurisprudence test and submit a certificate of
				  completion prior to receiving a hearing instrument fitter and dispenser license
				  or an apprentice permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter D - HEARING INSTRUMENT FITTER AND DISPENSER LICENSE › Section 112.30 - Hearing Instrument Fitter and Dispenser License - Application and Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise indicated, an applicant must submit all required information and
				  documentation of credentials on department-approved forms.
(b) An applicant must complete all licensing
				  requirements within one year from the date the application was submitted. After
				  that year an applicant will be required to submit a new application and all
				  required materials in addition to paying a new application fee.
(c) An applicant must submit the following
				  required documentation:
(1) a completed
				  application on a department-approved form;
(2) the supervisor's agreement form that has
				  been completed by the apprentice permit holder and the supervisor(s), unless
				  previously submitted to the department; and
(3) the initial application fee required
				  under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter D - HEARING INSTRUMENT FITTER AND DISPENSER LICENSE › Section 112.31 - Hearing Instrument Fitter and Dispenser License - Issuance of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will issue each applicant,
				  whose application has been approved, a license certificate containing the
				  license holder's name, license number, and expiration date.
(b) Any license certificate or renewal card
				  issued by the department remains the property of the department and must be
				  surrendered to the department on demand.
(c) The department may replace a lost,
				  damaged, or destroyed license certificate or renewal card upon a written
				  request from the license holder using a department-approved form and payment of
				  the duplicate/replacement fee under §112.110.
(d) Upon the written request from the license
				  holder using a department-approved form and payment of the
				  duplicate/replacement fee under §112.110, the department will provide a
				  license holder with a duplicate certificate for a second place of practice
				  which is designated in a license holder's file.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter D - HEARING INSTRUMENT FITTER AND DISPENSER LICENSE › Section 112.32 - Hearing Instrument Fitter and Dispenser License - License Term; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing
				  instrument fitter and dispenser license is valid for two years from the date of
				  issuance and may be renewed every two years.
(b) Each license holder is responsible for
				  renewing the license before the expiration date and shall not be excused from
				  paying additional fees or penalties. Failure to receive notification prior to
				  the expiration date of the license shall not excuse failure to file for renewal
				  or late renewal.
(c) To renew a
				  hearing instrument fitter and dispenser license, a license holder must:
(1) submit a completed renewal application on
				  a department-approved form;
(2)
				  except for the first renewal, complete twenty (20) hours of continuing
				  education as required under §112.70;
(3) comply with the continuing education
				  audit process described under §112.71, if selected for an audit;
(4) provide 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 in
				  accordance with §112.97, within one year prior to the renewal date;
				  and
(5) submit the renewal
				  application fee required under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter D - HEARING INSTRUMENT FITTER AND DISPENSER LICENSE › Section 112.33 - Application by License Holder From Another State

Current through Reg. 49, No. 28; July 12, 2024
(a) A person licensed to fit and dispense
				  hearing instruments in another state may apply for a hearing instrument fitter
				  and dispenser license under this chapter by meeting the requirements under this
				  section.
(b) Unless otherwise
				  indicated, an applicant must submit all required information and documentation
				  of credentials on department-approved forms.
(c) An applicant must complete all licensing
				  requirements within one year from the date the application was submitted. After
				  that year an applicant will be required to submit a new application and all
				  required materials in addition to paying a new application fee.
(d) An applicant must submit the following
				  required documentation:
(1) a completed
				  application on a department-approved form;
(2) written verification that the applicant
				  is licensed in good standing as a fitter and dispenser of hearing instruments
				  in another state;
(3) 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 the International Licensing
				  Examination for Hearing Instrument Dispenser (ILE) written test; or
(B) the applicant holds a certification
				  issued by the Board of Certification for Hearing Instrument Sciences
				  (BC-HIS);
(4) 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;
(5) a statement of the
				  applicant's criminal history acceptable to the department; and
(6) the initial application fee required
				  under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter E - APPRENTICE PERMIT › Section 112.40 - Apprentice Permit - Application and Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, an applicant
				  must submit all required information and documentation of credentials on
				  department-approved forms.
(b) An
				  applicant must complete all permit requirements within one year from the date
				  the application was submitted. After that year an applicant will be required to
				  submit a new application and all required materials in addition to paying a new
				  application fee.
(c) An applicant
				  for an apprentice permit must:
(1) hold a
				  current temporary training permit;
(2) submit a completed application on a
				  department-approved form;
(3)
				  submit the supervisor's agreement form that has been completed by the applicant
				  and the supervisor(s);
(4) pass the
				  written and practical tests;
(5)
				  submit a certificate of completion of the jurisprudence test; and
(6) pay the apprentice permit fee required
				  under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter E - APPRENTICE PERMIT › Section 112.41 - Apprentice Permit - Issuance of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will issue a permit containing the permit holder's name, permit
				  number, and expiration date to an applicant who meets all of the requirements
				  for obtaining an apprentice permit under the Act and this chapter.
(b) Any permit issued by the department
				  remains the property of the department and must be surrendered to the
				  department on demand.
(c) The
				  department may replace a lost, damaged, or destroyed permit upon a written
				  request from the permit holder using a department-approved form and payment of
				  the duplicate/replacement fee under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter E - APPRENTICE PERMIT › Section 112.42 - Apprentice Permit - Permit Term; Extension

Current through Reg. 49, No. 28; July 12, 2024
(a) An apprentice permit is valid for one
				  year. The department may extend the apprentice permit for an additional period
				  not to exceed one year. An apprentice permit may not be extended more than
				  once.
(b) To extend an apprentice
				  permit, the apprentice permit holder must:
(1) submit an extension request on a
				  department-approved form not later than 90 days after the expiration of the
				  permit;
(2) submit a new or renewed
				  supervision agreement for the extension period; and
(3) pay the permit extension fee required
				  under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter E - APPRENTICE PERMIT › Section 112.43 - Apprentice Permit - Supervision Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An apprentice permit holder shall work
				  under the direct or indirect supervision of a license holder for at least one
				  year.
(b) The supervisor shall
				  periodically conduct a formal evaluation of the applicant's progress in the
				  development of professional skills.
(c) A supervisor of an apprentice permit
				  holder is responsible for services to the client that may be performed by the
				  apprentice permit holder. The supervisor must ensure that all services provided
				  are in compliance with the Act and this chapter.
(d) The apprenticeship must be done under the
				  direct or indirect supervision of an individual authorized to supervise permit
				  holders who holds a valid license to fit and dispense hearing instruments in
				  the State of Texas under Texas Occupations Code, Chapter 401 or 402, other than
				  a person licensed under §401.311 or §401.312.
(e) The supervisor must submit written
				  notification of cessation of supervision to the department and the apprentice
				  permit holder within ten (10) days of cessation of supervision on a
				  department-approved form or in a manner prescribed by the department.
(f) The apprentice permit holder shall give
				  written notice to the department of the transfer of supervision within ten (10)
				  working days of change in supervisor on a department-approved form or in a
				  manner prescribed by the department.
(g) The supervisor's agreement form must be
				  completed by the apprentice permit holder and the supervisor or supervisors on
				  a department-approved form or in a manner prescribed by the
				  department.
(h) Notwithstanding the
				  supervision provisions in this section, the department may establish
				  procedures, processes, and mechanisms for the monitoring and reporting of the
				  supervision requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter E - APPRENTICE PERMIT › Section 112.44 - Apprentice Permit - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Occupations Code §
										RSA
				  402.207, the apprentice permit holder must
				  complete twenty (20) hours of classroom continuing education during the
				  apprentice year.
(b) The apprentice
				  permit holder must complete the continuing education in one or more of the
				  following approved subjects relating 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 audiogram and
				  speech audiometry to determine the candidacy for hearing instruments;
(8) selection and adaption 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
				  an individual with a hearing impairment for the purpose of fitting and
				  dispensing hearing instruments;
(13) use of an otoscope for the visual
				  observation of the entire ear canal;
(14) laws, rules, and regulations of this
				  state and the United States; and
(15) the proper procedures for sound level
				  measurements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter F - TEMPORARY TRAINING PERMIT › Section 112.50 - Temporary Training Permit - Application and Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, an applicant
				  must submit all required information and documentation of credentials on
				  department-approved forms.
(b) An
				  applicant must complete all permit requirements within one year from the date
				  the application was submitted. After that year an applicant will be required to
				  submit a new application and all required materials in addition to paying a new
				  application fee.
(c) An applicant
				  for a temporary training permit must:
(1)
				  provide documentation that the applicant is at least 18 years of age;
(2) submit a completed application on a
				  department-approved form;
(3)
				  submit one of the following education records:
(A) an official diploma or official
				  transcript indicating graduation from an accredited high school;
(B) a certificate of high school equivalency
				  issued by the appropriate education agency; or
(C) an official diploma or official
				  transcripts from an accredited college or university indicating a college
				  degree was obtained;
(4)
				  submit the supervisor statement required under Texas Occupations Code §
				  402.252, on a department-approved form; and
(5) pay the temporary training permit fee
				  required under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter F - TEMPORARY TRAINING PERMIT › Section 112.51 - Temporary Training Permit - Issuance of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will issue a permit
				  containing the permit holder's name, permit number, and expiration date to an
				  applicant who meets all of the requirements for obtaining a temporary training
				  permit under the Act and this chapter.
(b) Any permit issued by the department
				  remains the property of the department and must be surrendered to the
				  department on demand.
(c) The
				  department may replace a lost, damaged, or destroyed permit upon a written
				  request from the permit holder using a department-approved form and payment of
				  the duplicate/replacement fee under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter F - TEMPORARY TRAINING PERMIT › Section 112.52 - Temporary Training Permit - Permit Term; Extension

Current through Reg. 49, No. 28; July 12, 2024
(a) A temporary training permit is valid for
				  one year. The department may extend the temporary training permit for an
				  additional period not to exceed one year. A temporary training permit may not
				  be extended more than once.
(b) To
				  extend a temporary training permit, the temporary training permit holder must:
(1) submit an extension request on a
				  department-approved form no later than 90 days after the expiration of the
				  permit;
(2) submit a new or renewed
				  supervision agreement for the extension period; and
(3) pay the permit extension fee required
				  under §112.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter G - FINANCIAL SECURITY REQUIREMENTS › Section 112.60 - Filing Surety Bond or Other Form of Financial Security

Current through Reg. 49, No. 28; July 12, 2024
(a) A sole proprietor, partnership,
				  corporation, or other legal entity engaged in the fitting and dispensing of
				  hearing instruments must file with the department financial security in a form
				  provided by subsection (c), in the amount of $10,000 and conditioned on the
				  promise to pay all:
(1) taxes and
				  contributions due to the state and political subdivisions of the state by the
				  sole proprietor, partnership, corporation, or other legal entity; and
(2) judgments that the sole proprietor,
				  partnership, corporation, or other legal entity may be required to pay for
				  negligently or improperly dispensed hearing instruments or for breaching a
				  contract relating to the dispensing of hearing instruments.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter G - FINANCIAL SECURITY REQUIREMENTS › Section 112.61 - Recovery on Surety Bond or Other Form of Financial Security

Current through Reg. 49, No. 28; July 12, 2024
(a) The purchaser of a hearing instrument may
				  rescind the purchase and recover funds as provided by Texas Occupations Code
				  § 402.404 and § 112.60 for:
(1) a
				  material misstatement of fact or misrepresentation by a license holder employed
				  by an entity 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 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 to remedy a
				  significant material defect of the instrument within a reasonable time;
(5) the provision by the entity 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 to meet the standards of
				  conduct prescribed by Occupations Code Chapter 402 or this chapter that
				  adversely affects the transactions between the purchaser and the license holder
				  or the entity.