Title OC, Occupations Code

Sec. 402.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.083, eff. September 1, 20…

Sec. 402.055. TERMS; VACANCIES. (a) Members of the advisory board serve staggered six-year terms. (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 …

Sec. 402.057. PRESIDING OFFICER. 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 two years. The presiding officer of the advisory board may vote on any matter before the a…

Sec. 402.058. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 7, eff. September 1…

Sec. 402.101. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The department shall: (1) evaluate the qualifications of applicants; (2) examine applicants; and (3) in connection with a hearing under this chapter, issue subpoenas…

Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter. The rules must: (1) address: (A) the information and other provi…

Sec. 402.103. FALSE, MISLEADING, OR DECEPTIVE ADVERTISING. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff. September 1, 2015. (c) For purposes of Section 51.20…

Sec. 402.104. POWERS AND DUTIES REGARDING EXAMINATION. (a) The department shall develop and maintain an examination that may include a written or practical test. The department shall administer or arrange for the administration and validation of the examination. (b) Repealed by A…

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 information about filing a complaint as prescribed by commission rule. (b) Each written contract for services …

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 disp…

Sec. 402.202. EXAMINATION REQUIRED. (a) To engage in fitting and dispensing hearing instruments in this state a person must pass an examination required by the department. (b) A person licensed under Chapter 401 as an audiologist or an audiology intern who is applying for a licen…

Sec. 402.203. APPLICATION FOR EXAMINATION. (a) An applicant for examination must: (1) apply to the department in the manner and on a form prescribed by the executive director; (2) provide: (A) documentation that the applicant is at least 18 years of age and has graduated from an …

Sec. 402.204. CONTENTS OF EXAMINATION. (a) The examination must consist of written and 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 in…

Sec. 402.205. EXAMINATION PROCEDURES. (a) The department or the department's authorized representative 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 m…

Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The department shall issue an apprentice permit to fit and dispense hearing instruments to a temporary training permit holder who has: (1) passed the required examination; (2) paid the required fees; and (3) met all requirements of…

Sec. 402.208. ISSUANCE OF LICENSE. The department shall issue a license to an apprentice permit holder when the department 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…

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 a completed application on a form prescribed by the department. (b) Repealed by …

Sec. 402.210. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department o…

Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS. (a) The department shall issue a temporary training permit to a person who: (1) possesses the qualifications required under Section 402.203(a); (2) submits a written application on a form prescribed by the department furnish…

Sec. 402.252. SUPERVISION STATEMENT. (a) An application for a temporary training permit must be accompanied by the statement 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 401.3…

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…

Sec. 402.254. GUIDELINES FOR TRAINING OF TEMPORARY TRAINING PERMIT HOLDERS. (a) The commission by rule shall establish formal and practical education guidelines for the training of temporary training permit holders. (b) The guidelines must include directions to the supervisor abo…

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 this state under a licen…

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 have been ordered by the supervisor. The supervisor is the sole judge of whether the permit holder has the qu…

Sec. 402.257. TRANSFER TO ANOTHER SUPERVISOR. (a) On the request of a supervisor or temporary training permit holder, the department may approve a transfer of a permit holder from the permit holder's supervisor to another eligible supervisor before completion of the training. (b)…

Sec. 402.301. LICENSE RENEWAL. (a) A license under this chapter is valid for two years. The department shall renew the license every two years on payment of the renewal fee unless the license is suspended or revoked. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.22…

Sec. 402.304. ALTERNATIVE TO CONTINUING EDUCATION REQUIREMENT. 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 department ma…

Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The department may renew the license of a license holder who does not comply with the applicable continuing education requirements if the license holder submits proof from an attending physician that the license holder suffered a ser…

Sec. 402.306. DUPLICATE LICENSE. The department shall issue a duplicate license to a license holder whose license has been lost or destroyed. The department may prescribe the procedure and requirements for issuance of a duplicate license. Acts 1999, 76th Leg., ch. 388, Sec. 1, ef…

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 department or its authorized representa…

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) ot…

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 …

Sec. 402.354. CLIENT ACCESS TO RECORDS. A client of a person licensed to fit and dispense hearing instruments or of a hearing instrument fitting and dispensing practice is entitled to obtain a copy of the client's records that pertain to the testing for, and fitting and dispensin…

Sec. 402.401. TRIAL PERIOD. The commission by rule 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 83…

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 d…

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 the information prescribed by commission rule. Acts 1999, 76th…

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 department security in a form provided by Subsection (b) in the amount of $10,000 and conditioned …

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 rega…

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 department for a license, a temporary …

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 Medical Board. (b) This…

Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. The commission or executive director 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 …

Sec. 402.5521. REFUND FOR HEARING INSTRUMENT. The commission or executive director may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 402.1021. Added by Acts 2011, 82nd L…