CHAPTER 402. HEARING INSTRUMENT FITTERS AND DISPENSERS

Statutes > Texas Statutes > OCCUPATIONS CODE > TITLE 3. HEALTH PROFESSIONS > CHAPTER 402. HEARING INSTRUMENT FITTERS AND DISPENSERS

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA

CHAPTER 402. HEARING INSTRUMENT FITTERS AND DISPENSERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 402.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Health.

(2) "Committee" means the State Committee of Examiners in the

Fitting and Dispensing of Hearing Instruments.

(3) "Department" means the Texas Department of Health.

(4) "Fitting and dispensing hearing instruments" means 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 the making of impressions for

earmolds to be used as a part of the hearing instruments and any

necessary postfitting counseling for the purpose of fitting and

dispensing hearing instruments.

(5) "Hearing instrument" means any wearable instrument or device

designed for, or represented as, aiding, improving, or correcting

defective human hearing. The term includes the instrument's parts

and any attachment, including an earmold, or accessory to the

instrument. The term does not include a battery or cord.

(6) "License" means a license issued by the committee under this

chapter to a person authorized to fit and dispense hearing

instruments.

(7) "Sale" includes a transfer of title or of the right to use

by lease, bailment, or other contract. The term does not include

a sale at wholesale by a manufacturer to a person licensed under

this chapter or to a distributor for distribution and sale to a

person licensed under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.002. APPLICATION OF SUNSET ACT. The State Committee of

Examiners in the Fitting and Dispensing of Hearing Instruments is

subject to Chapter 325, Government Code (Texas Sunset Act).

Unless continued in existence as provided by that chapter, the

committee is abolished and this chapter expires September 1,

2011.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.05, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 4.04, eff. June 15, 2007.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.10, eff. July 10, 2009.

Sec. 402.003. APPLICABILITY OF CHAPTER. (a) This chapter does

not apply to:

(1) a person engaged in the practice of measuring human hearing

as a part of the academic curriculum of an accredited institution

of higher learning if the person or the person's employees do not

sell hearing instruments;

(2) a physician licensed by the Texas Medical Board;

(3) a person with a master's degree or doctorate in audiology

from an accredited college or university who does not sell

hearing instruments, to the extent the person engages in the

measurement of human hearing by the use of an audiometer or by

any other means to make selections and adaptations of or

recommendations for a hearing instrument and to make impressions

for earmolds to be used as part of a hearing instrument;

(4) an audiologist or an audiology intern licensed under Chapter

401, except as may otherwise be provided by the following

provisions, which refer to Chapter 401:

(A) Section 402.051(a)(1);

(B) Section 402.202(b);

(D) Section 402.255(a);

(E) Section 402.406(a); and

(F) Section 402.451(a)(6); and

(5) a student of audiology in an accredited college or

university program, if the student's activities and services are

part of the student's supervised course of study or practicum

experience.

(b) A student described by Subsection (a)(5) is subject to

Chapter 401.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. STATE COMMITTEE OF EXAMINERS IN THE FITTING AND

DISPENSING OF HEARING INSTRUMENTS

Sec. 402.051. COMMITTEE; MEMBERSHIP. (a) The State Committee

of Examiners in the Fitting and Dispensing of Hearing Instruments

is part of the department and consists of nine members appointed

by the governor with the advice and consent of the senate as

follows:

(1) six members licensed under this chapter who have been

residents of this state actually 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 State Board of Medical Examiners and who:

(A) has been a resident of this state for at least two years

preceding appointment;

(B) is a citizen of the United States; and

(3) two members of the public.

(b) Appointments to the committee shall be made without regard

to the race, creed, sex, religion, or national origin of the

appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.052. PUBLIC MEMBER ELIGIBILITY. A person is not

eligible for appointment as a public member of the committee if

the person or the person's spouse:

(1) is licensed by an occupational regulatory agency in the

field of health care;

(2) is employed by or participates in the management of a

business entity or other organization that:

(A) provides health care services; or

(B) sells, manufactures, or distributes health care supplies or

equipment; or

(3) owns or controls, directly or indirectly, an interest in a

business entity or other organization that:

(A) provides health care services; or

(B) sells, manufactures, or distributes health care supplies or

equipment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) An

officer, employee, or paid consultant of a statewide or national

trade association in the hearing instrument industry may not be a

member or employee of the committee.

(b) A member or employee of the committee may not be related

within the second degree by affinity or consanguinity, as

determined under Chapter 573, Government Code, to a person who is

an officer, employee, or paid consultant of a statewide or

national trade association in the hearing instrument industry.

as the general counsel to the committee if the person is required

to register as a lobbyist under Chapter 305, Government Code.

(d) A committee member appointed under Section 402.051(a)(2) may

not have a financial interest in a hearing instrument

manufacturing company or in a wholesale or retail hearing

instrument company.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.054. OFFICIAL OATH. Each person appointed to the

committee shall take the constitutional oath of office not later

than the 15th day after the date of appointment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.055. TERMS; VACANCIES. (a) Members of the committee

serve staggered six-year terms.

(b) A member who has served two full consecutive terms on the

committee is not eligible for reappointment to the committee for

the 12 months following the expiration of the second full term.

member, the governor shall fill the vacancy of the unexpired term

in the same manner as other appointments.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.056. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the committee that a member:

(1) does not have at the time of appointment the qualifications

required by Sections 402.051, 402.052, and 402.053(d) for

appointment to the committee;

(2) does not maintain during service on the committee the

qualifications required by Sections 402.051, 402.052, and

402.053(d) for appointment to the committee;

(3) violates a prohibition established by Section 402.053; or

(4) fails to attend at least half of the regularly scheduled

committee meetings held in a calendar year, excluding meetings

held while the person was not a committee member.

(b) The validity of an action of the committee is not affected

by the fact that the action is taken when a ground for removal of

a committee member exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.057. OFFICERS. (a) The committee shall elect a

president and vice president.

(b) The term of office as an officer of the committee is one

year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.058. MEETINGS. (a) The committee shall hold regular

meetings at least twice a year.

(b) A special meeting of the committee shall be held at the call

of the president or a majority of the members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.059. COMMITTEE EMPLOYEES. The department shall provide

administrative and clerical employees necessary to implement this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.060. SEAL OF COMMITTEE. The committee shall adopt a

seal and use the seal to authenticate its proceedings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.061. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. The

committee is subject to Chapters 2001 and 2002, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. COMMITTEE POWERS AND DUTIES

Sec. 402.101. GENERAL POWERS AND DUTIES. With the assistance of

the department, the committee shall:

(1) administer, coordinate, and enforce this chapter;

(2) evaluate the qualifications of applicants;

(3) examine applicants;

(4) in connection with a hearing under Section 402.502, issue

subpoenas, examine witnesses, and administer oaths under the laws

of this state; and

(5) conduct hearings and keep records and minutes necessary to

the orderly administration of this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.173(a), eff.

Sept. 1, 2001.

Sec. 402.102. RULES. (a) Subject to the approval of the board,

the committee may adopt procedural rules as necessary for the

performance of the committee's duties.

(b) A license holder under this chapter is subject to the rules

adopted by the committee and approved by the board under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.103. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The committee may not adopt rules restricting

advertising or competitive bidding by a person regulated by the

committee except to prohibit false, misleading, or deceptive

practices by that person.

(b) The committee may not include in rules to prohibit false,

misleading, or deceptive practices by a person regulated by the

committee a rule that:

(1) restricts the use of any advertising medium;

(2) restricts the person's personal appearance or the use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement used by

the person; or

(4) restricts the use of a trade name in advertising by the

person.

(1) contains a misrepresentation of fact;

(2) contains a false statement as to the license holder's

professional achievements, education, skills, or qualifications

in the hearing instrument dispensing profession;

(3) makes a partial disclosure of relevant fact, including the

advertisement of:

(A) a discounted price of an item without identifying in the

advertisement or at the location of the item:

(i) the specific product being offered at the discounted price;

(ii) the usual price of the item; and

(B) the price of a specifically identified hearing instrument,

if more than one hearing instrument appears in the same

advertisement without an accompanying price;

(4) contains a representation that a product innovation is new,

if the product was first offered by the manufacturer to the

general public in this state not less than 12 months before the

date of the advertisement;

(5) states that the license holder manufactures hearing

instruments at the license holder's office location unless the

next statement discloses that the instruments are manufactured by

a specified manufacturer and remanufactured by the license

holder; or

(6) contains any other representation, statement, or claim that

is inherently misleading or deceptive.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.104. POWERS AND DUTIES REGARDING EXAMINATION. (a) The

committee shall administer or arrange for the administration of a

written examination.

(b) The examination shall be administered at least twice each

year.

professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.105. SUBCOMMITTEES. From its members the committee may

appoint subcommittees to consider matters referred by the

committee pertaining to the enforcement of this chapter. The

subcommittees shall make recommendations to the committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.106. FEES AND EXPENSES. (a) The committee by rule

shall adopt fees in amounts reasonable and necessary so that the

fees, in the aggregate, produce sufficient revenue to cover the

costs of administering this chapter.

(b) The committee may adopt:

(1) a license fee;

(2) a license renewal fee;

(3) an examination fee;

(4) a temporary training permit fee;

(5) an apprentice permit fee;

(6) a duplicate document fee; and

(7) other fees as necessary to administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 402.151. PUBLIC INTEREST INFORMATION. (a) The committee

shall prepare information of consumer interest describing the

regulatory functions of the committee and the committee's

procedures by which consumer complaints are filed with and

resolved by the committee.

(b) The committee shall make the information available to the

public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.152. COMPLAINTS. (a) Each license or permit holder

under this chapter shall at all times prominently display in the

person's place of business a sign containing:

(1) the name, mailing address, and telephone number of the

committee; and

(2) a statement informing consumers that a complaint against a

license or permit holder may be directed to the committee.

(b) Each written contract for services in this state of a

licensed hearing instrument dispenser must contain the

committee's name, mailing address, and telephone number.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.153. RECORDS OF COMPLAINTS. (a) The committee shall

keep an information file about each complaint filed with the

committee relating to a license or permit holder.

(b) If a written complaint is filed with the committee relating

to a license or permit holder, the committee, at least quarterly

and until final disposition of the complaint, shall notify the

parties to the complaint of the status of the complaint unless

the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.154. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an

investigation of a complaint filed with the committee, the

committee may request that the commissioner of public health or

the commissioner's designee approve the issuance of a subpoena.

If the request is approved, the committee may issue a subpoena to

compel the attendance of a relevant witness or the production,

for inspection or copying, of relevant evidence that is in this

state.

(b) A subpoena may be served personally or by certified mail.

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the committee may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The committee may delegate the authority granted under

Subsection (a) to the president or vice president of the

committee.

(f) The committee shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the committee may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

committee in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the committee or its agents or employees who

are involved in discipline of the holder of a license, except

that this information may be disclosed to:

(1) persons involved with the committee in a disciplinary action

against the holder of a license;

(2) professional licensing or disciplinary boards for the

fitting and dispensing of hearing instruments in other

jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the committee against a

holder of a license, the nature of those charges, disciplinary

proceedings of the committee, and final disciplinary actions,

including warnings and reprimands, by the committee are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.174(a), eff.

Sept. 1, 2001.

SUBCHAPTER E. LICENSE AND PERMIT REQUIREMENTS

Sec. 402.201. LICENSE OR PERMIT REQUIRED. A person may not

represent that the person is authorized to fit and dispense

hearing instruments, or use in connection with the person's name

any designation tending to imply that the person is authorized to

engage in the fitting and dispensing of hearing instruments,

unless the person holds a license or is otherwise authorized to

do so under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.202. EXAMINATION REQUIRED. (a) To engage in fitting

and dispensing hearing instruments in this state a person must

pass an examination given by the committee.

(b) A person 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 2, eff. September 1, 2009.

Sec. 402.203. APPLICATION FOR EXAMINATION. (a) An applicant

for examination must:

(1) apply to the committee on a form provided by the committee;

(2) provide on the form:

(A) sworn evidence that the applicant has attained the age of

majority and has graduated from an accredited high school or

equivalent; and

(B) other information determined necessary by the committee; and

(3) pay any required fees for application and examination.

(b) A permit holder may not take the examination until the

satisfactory completion of the requirements of Subchapter F by

the supervisor and permit holder is verified.

been convicted of a misdemeanor that involves moral turpitude or

a felony.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.204. CONTENTS OF EXAMINATION. (a) The examination

must consist of written, oral, or practical tests that are

objective in method and applied in a consistent manner.

(b) The examination must cover the following subjects as they

relate 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 audiograms and speech audiometry

to determine the hearing instrument candidacy;

(8) selection and adaptation 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 the hearing impaired

for the purpose of fitting and dispensing hearing instruments;

(13) use of an otoscope for the visual observation of the entire

ear canal; and

(14) laws, rules, and regulations of this state and the United

States.

treatment of any disease of or injury to the human body.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.205. EXAMINATION PROCEDURES. (a) The committee shall

give each applicant due notice of the date and place of the

examination and the subjects, areas, and skills that will be

included in the examination. A change may not be made in those

subjects, areas, and skills after the date of the examination has

been announced and publicized.

(b) An examination shall be conducted in writing and by other

means the committee determines adequate to ascertain the

qualifications of applicants.

examination may be examined only on those portions of the

examination that the applicant failed.

(d) If requested in writing by a person who fails the licensing

examination administered under this chapter, the committee shall

provide to the person an analysis of the person's performance on

the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.206. NOTICE OF EXAMINATION RESULTS. (a) Not later

than the 30th day after the examination date, the committee shall

notify each examinee of the results of the examination. If an

examination is graded or reviewed by a national testing service,

the committee shall notify each examinee of the results of the

examination not later than the 14th day after the date the

committee receives the results from the testing service.

(b) If the notice of the results of an examination graded or

reviewed by a national testing service will not be given before

the 91st day after the examination date, the committee shall

notify each examinee of the reason for the delay before the 90th

day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The committee

shall issue an apprentice permit to fit and dispense hearing

instruments to a temporary training permit holder who has:

(1) passed all parts of the examination with a score of 70

percent or greater;

(2) paid the required fees; and

(3) met all requirements of this chapter.

(b) An apprentice permit is valid for one year. The committee

may extend the apprentice permit for an additional period not to

exceed six months.

of a licensed hearing instrument dispenser for at least one year.

During the apprentice year, the apprentice permit holder shall

complete 20 hours of classroom continuing education as required

by Section 402.303 for a license holder.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 3, eff. September 1, 2009.

Sec. 402.208. ISSUANCE OF LICENSE. The committee shall issue a

hearing instrument dispenser's license to an apprentice permit

holder when the committee has received sufficient evidence that

the apprentice permit holder has met all the licensing

requirements of this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER STATE.

(a) A person licensed to fit and dispense hearing instruments in

another state may apply for a license under this chapter by

submitting an application on a form prescribed by the committee.

(b) An applicant for a license under this section must complete

the application form completely and accurately. The committee may

not consider an incomplete application. If an applicant fails to

provide any information required on the application form, the

committee shall send the applicant a notice of deficiency that

explains the additional information that must be submitted before

the committee may review the application.

this section to provide as part of the application:

(1) written verification that the applicant is licensed in good

standing as a fitter and dispenser of hearing instruments in

another state and has held the license for at least three years

preceding the date of application;

(2) 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 an examination approved by the committee

by rule; or

(B) the applicant holds a certification from a professional

organization approved by the committee by rule;

(3) affirmation that the applicant is a resident of this state;

(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; and

(5) a statement of the applicant's criminal history acceptable

to the committee.

(d) The committee may deny an application under this section

based on the applicant's criminal history or history of

disciplinary action.

(e) If the committee approves an application, on the next

regularly scheduled examination date the applicant may take the

practical section of the examination required under Section

402.202 and a written examination of Texas law administered by

the committee. If the applicant passes the examinations required

under this section, the committee shall issue to the applicant a

license under this chapter.

(f) The committee may allow an applicant under this section who

satisfies all application requirements other than the requirement

under Subsection (c)(2) to take all sections of the examination

required under Section 402.202. If the applicant passes the

examination, the committee shall issue to the applicant a license

under this chapter.

(g) An applicant under this section who fails an examination may

request in writing, not later than the 30th day after the date

the committee sends the applicant notice of the examination

results, that the committee furnish the applicant with an

analysis of the applicant's performance on the examination.

(h) An applicant under this section who fails an examination may

not retake the examination under this section. The person must

comply with the requirements for an applicant for an original

license under this chapter.

(i) The committee may not issue a license under this section to

an applicant who is a licensed audiologist in another state. The

committee shall refer the applicant to the State Board of

Examiners for Speech-Language Pathology and Audiology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 4, eff. September 1, 2009.

SUBCHAPTER F. TEMPORARY TRAINING PERMIT

Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS. (a) The

committee shall issue a temporary training permit to a person

who:

(1) has never taken the examination administered under this

chapter;

(2) possesses the qualifications required under Section

402.203(a);

(3) submits a written application on a form provided by the

committee furnishing sworn evidence that the applicant satisfies

the requirements of Subdivisions (1) and (2); and

(4) pays the temporary training permit fee.

(b) The committee may issue a new temporary training permit

under this section to a person on or after the 365th day after

the person's previous temporary training permit expired.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 5, eff. September 1, 2009.

Sec. 402.252. SUPERVISION AFFIDAVIT. (a) An application for a

temporary training permit must be accompanied by the affidavit of

a person licensed to fit and dispense hearing instruments under

this chapter or Chapter 401, other than a person licensed under

Section 401.311 or 401.312.

(b) The affidavit must state that:

(1) the applicant, if granted a temporary training permit, will

be supervised by the affiant in all work done by the applicant

under the temporary training permit;

(2) the affiant will notify the committee not later than the

10th day after the date of the applicant's termination of

supervision by the affiant; and

(3) if the affiant is licensed under Chapter 401, the affiant

will comply with all provisions of this chapter and rules adopted

under this chapter that relate to the supervision and training of

a temporary training permit holder.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 6, eff. September 1, 2009.

Sec. 402.253. EXPIRATION OF TEMPORARY TRAINING PERMIT. (a) A

temporary training permit authorizes the permit holder to fit and

dispense hearing instruments until the earlier of:

(1) the date the permit expires; or

(2) the date the permit holder passes the examination required

for a license under this chapter.

(b) A temporary training permit automatically expires on the

first anniversary of the date of issuance unless the committee

extends the permit for an additional period not to exceed six

months.

more than once.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.254. GUIDELINES FOR TRAINING OF TEMPORARY TRAINING

PERMIT HOLDERS. (a) The committee shall establish formal and

practical education guidelines for the training of temporary

training permit holders.

(b) The guidelines must include directions to the supervisor

about:

(1) the subject matter to be taught;

(2) the length of the training;

(3) the extent of a temporary training permit holder's contact

with the public; and

(4) the responsibility of the supervisor for direct and indirect

supervision of all aspects of the training.

temporary permit. A temporary training permit holder must

complete at least 150 hours of directly supervised practicum that

includes:

(1) 25 contact hours of pure tone air conduction, bone

conduction, and speech audiometry, recorded and live voice, with

15 of the required hours being with actual clients;

(2) 25 client contact hours of hearing instrument evaluations,

including sound-field measurements with recorded and live voice;

(3) 20 contact hours of instrument fittings with actual clients;

(4) 10 contact hours of earmold orientation types, uses, and

terminology;

(5) five contact hours of earmold impressions and otoscopic

examinations of the ear;

(6) 15 contact hours of troubleshooting of defective hearing

instruments;

(7) 20 contact hours of case history with actual clients;

(8) 10 contact hours regarding the laws governing the licensing

of persons fitting and dispensing hearing instruments and federal

Food and Drug Administration and Federal Trade Commission

regulations relating to the fitting and dispensing of hearing

instruments; and

(9) 20 contact hours of supplemental work in one or more of the

areas described by Subdivisions (1) through (8).

(d) A contact hour consists of 55 minutes.

(e) On completion of the directly supervised practicum required

under Subsection (c), the temporary training permit holder shall

complete the permit holder's training under the indirect

supervision of the permit holder's supervisor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.255. SUPERVISOR REQUIREMENTS. (a) A supervisor of a

temporary training permit holder must:

(1) be licensed to fit and dispense hearing instruments under

this chapter or Chapter 401, other than Section 401.311 or

401.312;

(2) currently practice in an established place of business; and

(3) be responsible for the direct supervision and education of a

temporary training permit holder.

(b) A supervisor as appropriate shall directly and indirectly

supervise a temporary training permit holder. A supervisor shall

provide direct supervision by being located on the premises and

available to the temporary training permit holder for prompt

consultation. A supervisor shall provide indirect supervision by

reviewing daily a temporary training permit holder's patient

contact and daily work.

(1) be responsible for day-to-day supervision of the temporary

training permit holder and be ultimately responsible for the

service to a client treated by the permit holder;

(2) provide to the permit holder materials and equipment

necessary for appropriate audiometric and hearing instrument

evaluation and fitting procedures;

(3) supplement the permit holder's background information with

reading lists and other references;

(4) conduct in-service training for the permit holder;

(5) act as a consultant to the permit holder by providing time

for conferences for the permit holder and providing a variety of

resource materials, approaches, and techniques that are based on

sound theory, successful practice, or documented research;

(6) establish goals with the permit holder that are realistic,

easily understandable, and directed toward the successful

completion of the training requirements;

(7) observe the permit holder during the practicum, confer with

the permit holder after the permit holder's contact with clients,

and provide an opportunity for comment on the practicum

experience in writing or through conferences, during and after

the practicum experience;

(8) establish that the supervisor is solely responsible for the

practicum and daily supervision of the permit holder;

(9) assist and encourage the permit holder's use of supportive

professional sources;

(10) know and adhere to state and federal laws relating to

hearing instrument fitting and dispensing; and

(11) assist the permit holder in fulfilling licensing

requirements of this chapter.

(d) The supervisor shall maintain a log of the contact hours by

practicum category on a form provided by the committee. After the

temporary training permit holder has completed 150 contact hours,

the supervisor and the permit holder shall sign the form, and the

form shall be notarized and mailed to the committee.

(e) A supervisor may not supervise more than two temporary

training permit holders at one time.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 7, eff. September 1, 2009.

Sec. 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT HOLDER.

(a) A temporary training permit holder may provide routine

fitting and dispensing of hearing instruments that has been

ordered by the supervisor. The supervisor is the sole judge of

whether the permit holder has the qualifications necessary to

perform routine fitting and dispensing. A supervisor is

accountable to the committee for the actions and misdeeds of a

temporary training permit holder acting at the supervisor's

discretion.

(b) A temporary training permit holder may not:

(1) own, manage, or independently operate a business that

engages in the fitting or sale of hearing instruments; or

(2) advertise or otherwise represent that the permit holder

holds a license as a hearing instrument dispenser.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.257. TRANSFER TO ANOTHER SUPERVISOR. (a) On the

request of a supervisor or temporary training permit holder, the

committee may approve a transfer of a permit holder from the

permit holder's supervisor to another eligible supervisor before

completion of the training.

(b) The committee must act on a transfer request at the first

committee meeting held after the date the request is made.

completion of the training only under exceptional circumstances.

The committee may not approve more than two transfers.

(d) If a transfer is approved, credit may be transferred at the

discretion of the committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE RENEWAL

Sec. 402.301. LICENSE RENEWAL. (a) A license under this

chapter is valid for two years. The committee shall renew the

license every two years on payment of the renewal fee unless the

license is suspended or revoked.

(b) The committee may adopt a system under which licenses expire

on various dates during the year. For a year in which the

expiration date is changed, license fees shall be prorated on a

monthly basis so that each license holder pays only the portion

of the license fee that is applicable to the number of months the

license is valid.

required renewal fee to the committee before the expiration date

of the license.

(d) A person whose license has been expired for 90 days or less

may renew the license by paying to the committee the required

renewal fee and a fee that is equal to half of the amount of the

examination fee for the license. If a person's license has been

expired for more than 90 days but less than two years, the person

may renew the license by paying to the committee all unpaid

renewal fees and a fee that is equal to the amount of the

examination fee for the license.

(e) A person whose license has been expired for two years or

more may not renew the license. The person may obtain a new

license by complying with the requirements and procedures for

obtaining an original license.

(f) The committee may not renew a license unless the license

holder provides 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 8, eff. September 1, 2009.

Sec. 402.303. CONTINUING EDUCATION. (a) The committee by rule

shall adopt requirements for the continuing education of a

license holder, including a requirement that a license holder

complete 20 hours of continuing education each year. For purposes

of this requirement, each year runs concurrently with the

effective date of a license issued under this chapter. The

committee may not renew a license unless the license holder

demonstrates compliance with the continuing education

requirements established by the committee.

(b) A license holder shall provide written proof of attendance

and completion of an approved course on a form prescribed by the

committee.

education requirement for license renewal for a license holder

who provides evidence of hardship or inability to meet the

requirement. The waiver may be granted after review by the

committee on an annual basis.

(d) The committee must provide a list of approved continuing

education sponsors, designated by the committee. The list must be

revised and updated periodically. Any continuing education

activity must be provided by an approved sponsor. The committee

shall approve at least five hours of specific courses each year.

(e) A license holder may not receive more than five continuing

education credit hours for attendance at a course sponsored by a

manufacturer.

(f) A course summary and resume for each teacher of a course

seeking approval from the committee must be submitted at least 30

days before the date the course is scheduled to take place. The

committee shall establish criteria for the approval of submitted

courses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.304. ALTERNATIVES TO CONTINUING EDUCATION REQUIREMENT.

(a) On written request to the committee, a license holder may

take the state examination given by the committee. A license

holder who pays the examination fee and passes the examination is

exempt from the continuing education requirement for the year in

which the test is taken.

(b) A license holder may be credited with continuing education

credit hours for a published book or article written by the

license holder that contributes to the license holder's

professional competence. The continuing education committee may

grant credit hours based on the degree to which the published

book or article advances knowledge regarding the fitting and

dispensing of hearing instruments. A license holder may claim in

an annual reporting period not more than five credit hours for

preparation of a publication.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The committee

may renew the license of a license holder who does not comply

with the continuing education requirements of Sections 402.303 or

402.304 if the license holder:

(1) was licensed for the first time during the 12 months before

the annual reporting date;

(2) has served in the regular armed forces of the United States

during part of the 12 months before the annual reporting date; or

(3) submits proof from an attending physician that the license

holder suffered a serious or disabling illness or physical

disability that prevented compliance with the continuing

education requirements during the 12 months before the annual

reporting date.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.306. DUPLICATE LICENSE. The committee shall issue a

duplicate license to a license holder whose license has been lost

or destroyed. The committee may prescribe the procedure and

requirements for issuance of a duplicate license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. PRACTICE BY LICENSE HOLDER

Sec. 402.351. DISPLAY OF LICENSE. A person engaged in fitting

and dispensing hearing instruments shall display the person's

license in a conspicuous place in the person's principal office

and, when required, shall exhibit the license to the committee or

its authorized representative.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.352. INFORMATION ON PROSPECTIVE AMPLIFICATION

CANDIDATES. A license holder shall try to obtain, personally or

through a proper referral, at least the following information on

each prospective candidate for amplification:

(1) the candidate's pertinent case history;

(2) otoscopic inspection of the outer ear, including canal and

drumhead;

(3) evaluation of hearing acuity using pure tone techniques

through air and bone conduction pathways through a calibrated

system;

(4) an aided and unaided speech reception threshold and ability

to differentiate between the phonemic elements of language

through speech audiometry, using a calibrated system or other

acceptable verification techniques; and

(5) verification of satisfactory aided instrument performance by

use of appropriate sound-field speech, noise, or tone testing,

using a calibrated system.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.353. SOUND-LEVEL MEASUREMENTS. (a) If audiometric

testing is not conducted in a stationary acoustical enclosure,

sound-level measurements must be conducted at the time of the

testing to ensure that ambient noise levels meet permissible

standards for testing threshold to 20 dB based on the most

current American National Standards Institute "ears covered"

octave band criteria for Permissible Ambient Noise Levels During

Audiometric Testing.

(b) A dBA equivalent level may be used to determine compliance.

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER I. GENERAL BUSINESS REGULATIONS

Sec. 402.401. TRIAL PERIOD. The committee shall establish

guidelines for a 30-day trial period during which a person may

cancel the purchase of a hearing instrument.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.402. SALE TO MINOR. (a) A licensed hearing instrument

fitter and dispenser may not sell a hearing instrument to a

person under 18 years of age unless the prospective user or a

parent or guardian of the prospective user has presented to the

hearing instrument fitter and dispenser a written statement,

signed by a licensed physician specializing in diseases of the

ear, that states that the patient's hearing loss has been

medically evaluated and that the patient may be considered a

candidate for a hearing instrument.

(b) The physician's evaluation must have taken place within the

preceding six months.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing

instrument fitting and dispensing practice shall ensure that each

client receives a written contract at the time of purchase of a

hearing instrument that contains:

(1) the signature of the license holder who dispensed the

hearing instrument;

(2) the printed name of the license holder who dispensed the

hearing instrument;

(3) the address of the principal office of the license holder

who dispensed the hearing instrument;

(4) the license number of the license holder who dispensed the

hearing instrument;

(5) a description of the make and model of the hearing

instrument;

(6) the amount charged for the hearing instrument;

(7) a statement of whether the hearing instrument is new, used,

or rebuilt;

(8) notice of the 30-day trial period under Section 402.401; and

(9) the name, mailing address, and telephone number of the

committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 9, eff. September 1, 2009.

Sec. 402.404. SURETY BONDING. (a) A sole proprietor,

partnership, corporation, or other legal entity engaged in the

fitting and dispensing of hearing instruments shall file with the

committee security in a form provided by Subsection (b) in the

amount of $10,000 and conditioned on the promise to pay all:

(1) taxes and contributions owed to the state and political

subdivisions of the state by the entity; and

(2) judgments that the entity may be required to pay for:

(A) negligently or improperly dispensing hearing instruments; or

(B) breaching a contract relating to the dispensing of hearing

instruments.

(b) The security may be a bond, a cash deposit, or another

negotiable security acceptable to the committee.

canceled by action of the surety, the principal, or the

committee. A person must take action on the bond not later than

the third anniversary of the date the bond is canceled.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.405. RECOVERY ON SURETY BOND. The purchaser of a

hearing instrument may rescind the purchase and recover as

provided by Section 402.404 for:

(1) a material misstatement of fact or misrepresentation by a

license holder employed by an entity subject to Section 402.404

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 subject to Section 402.404 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 subject to Section 402.404 to

remedy a significant material defect of the instrument within a

reasonable time;

(5) the provision by the entity subject to Section 402.404 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

subject to Section 402.404 to meet the standards of conduct

prescribed by this chapter or under rules adopted under this

chapter that adversely affects the transactions between the

purchaser and the license holder or the entity subject to Section

402.404.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.406. OWNERSHIP OF DISPENSING PRACTICE. (a) A person

who owns, maintains, or operates an office or place of business

in which the person employs or engages under contract a person

who practices the fitting and dispensing of hearing instruments

is considered to be practicing the fitting and dispensing of

hearing instruments under this chapter and is required to be

licensed under this chapter or licensed as an audiologist under

Chapter 401.

(b) If the person who owns, maintains, or operates an office or

place of business under this section is a partnership, each

partner must be licensed as provided by this section. If the

person who owns, maintains, or operates an office or place of

business under this section is a corporation or other legal

entity, the chief executive officer of the corporation or entity

must be licensed as provided by this section.

property of the person who owns the business.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

315, Sec. 10, eff. September 1, 2009.

SUBCHAPTER J. PROHIBITED PRACTICES

Sec. 402.451. PROHIBITED ACTS. (a) A person may not:

(1) buy, sell, or fraudulently obtain a license or aid another

person to do so;

(2) alter a license with the intent to defraud;

(3) wilfully make a false statement in an application to the

committee for a license, a temporary training permit, or the

renewal of a license;

(4) falsely impersonate a license holder;

(5) engage in the fitting and dispensing of hearing instruments

when the person's license is suspended or revoked;

(6) dispense or fit a hearing instrument on a person who has

ordered the hearing instrument or device by mail unless the

person dispensing or fitting is a license holder under this

chapter or under Chapter 401; or

(7) sell a hearing instrument by mail.

(b) A license or permit holder may not:

(1) solicit a potential customer by telephone unless the license

or permit holder clearly discloses the holder's name and business

address and the purpose of the communication;

(2) use or purchase for use a list of names of potential

customers compiled by telephone by a person other than the

license or permit holder, the license or permit holder's

authorized agent, or another license or permit holder; or

(3) perform any act that requires a license from the Texas

Optometry Board or the Texas State Board of Medical Examiners.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.452. INVESTIGATION BY BOARD. The board, with the aid

of the department, shall investigate a person who violates this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.453. TREATMENT OF EAR DEFECTS; ADMINISTRATION OF DRUGS.

(a) A license holder may not treat the ear in any manner for

any defect or administer any drug or physical treatment unless

the license holder is a physician licensed to practice by the

Texas State Board of Medical Examiners.

(b) This chapter does not affect a law regulating the practice

of medicine as defined by Subtitle B.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER K. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY

ACTION. The committee 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 committee 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 board 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, Sec. 11, eff. September 1, 2009.

Sec. 402.502. ADMINISTRATIVE PROCEDURE. (a) If the committee

proposes to refuse a person's application for examination, to

suspend or revoke a person's license or permit, or to place on

probation or reprimand a person, the person is entitled to a

hearing before the committee.

(b) A proceeding is begun by filing written charges with the

committee under oath. The charges may be made by any person.

2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.503. REISSUANCE OF LICENSE. On application, the

committee may reissue a license to a person whose license has

been revoked. The application may not be made before the

expiration of six months after the date the order of revocation

becomes final. The application shall be made in the manner and

form required by the committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 402.504. EMERGENCY SUSPENSION. (a) The committee or a

three-member subcommittee of committee members designated by the

committee shall temporarily suspend the license or permit of a

license or permit holder if the committee or subcommittee

determines from the evidence or information presented to it that

continued practice by the license or permit holder would

constitute a continuing and imminent threat to the public

welfare.

(b) A license or permit may be suspended under this section

without notice or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after t

Find Legal Information

Texas Codes and Statutes

CHAPTER 402. HEARING INSTRUMENT FITTERS AND DISPENSERS