Title OC, Occupations Code

Sec. 401.107. PRESIDING OFFICER. (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 two years. (b) The presiding officer of the advisory board may vote on any matter befo…

Sec. 401.108. 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 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.050, eff. Septembe…

Sec. 401.201. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (a-1) The department shall: (1) evaluate the qualifications of license applicants; (2) provide for the examination of license applicants; (3) in connection with a hearin…

Sec. 401.202. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules under this chapter that establish standards of ethical practice. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.053, eff. S…

Sec. 401.2021. 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. 401.203. ASSISTANCE FILING COMPLAINT. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015. (c) The department shall provide reasonable assis…

Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The department shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional. Acts 1999, 76th Leg., ch. 388, Sec. 1…

Sec. 401.301. LICENSE REQUIRED. A person may not practice speech-language pathology or audiology or represent that the person is a speech-language pathologist or audiologist in this state unless the person holds a license under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1,…

Sec. 401.302. ISSUANCE OF LICENSE. (a) The department shall issue a license to an applicant who meets the requirements of this chapter and who pays to the department the initial nonrefundable license fee. (b) The department may issue to an applicant a license in either speech-lan…

Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a license under this chapter must apply to the department on a form and in the manner prescribed by the executive director. (b) The application must be accompanied by a nonrefundable application fee. Acts 1999, 76th Leg.…

Sec. 401.304. APPLICANT ELIGIBILITY. (a) To be eligible for licensing as a speech-language pathologist or audiologist, an applicant must: (1) if the application is for a license in: (A) speech-language pathology, possess at least a master's degree with a major in at least one of …

Sec. 401.3041. 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 …

Sec. 401.305. EXAMINATION. (a) To obtain a license, an applicant must: (1) pass an examination approved by the commission by rule; and (2) pay fees in a manner prescribed by the commission by rule. (b) The department shall administer or provide for the administration of an examin…

Sec. 401.308. CERTIFICATE OF CLINICAL COMPETENCE WAIVER. The department may waive the examination requirement and issue a license to an applicant who holds the Certificate of Clinical Competence of the American Speech-Language-Hearing Association. Acts 1999, 76th Leg., ch. 388, S…

Sec. 401.311. INTERN LICENSE. (a) A license applicant who has completed only the requirements of Sections 401.304(a)(1)-(4) may be licensed as an intern under this chapter. (b) An applicant who has successfully completed the academic and clinical requirements of Sections 401.304(…

Sec. 401.312. LICENSED ASSISTANTS. (a) The commission by rule may establish minimum qualifications for licensed assistants in speech-language pathology and in audiology. (b) A licensed assistant in speech-language pathology or in audiology must meet the minimum qualifications est…

Sec. 401.351. LICENSE TERM. A license issued under this chapter is valid for two years. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.048, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 2…

Sec. 401.352. LICENSE RENEWAL. (a) Each licensed speech-language pathologist or audiologist must pay the nonrefundable fee for license renewal. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(49), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S.…

Sec. 401.401. AUDIOMETRIC TESTING. (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…

Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS. (a) A speech-language pathologist may perform basic audiometric screening tests and aural habilitation or rehabilitation. (b) A person licensed as a speech-language pathologist under this chapter may not fit or dispense hear…

Sec. 401.403. PRACTICE BY AUDIOLOGISTS. (a) An audiologist may: (1) engage in any act necessary to: (A) evaluate hearing; (B) train in the use of amplification, including hearing instruments; (C) make earmolds for hearing instruments; (D) fit, dispense, and sell hearing instrumen…

Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS. (a) A licensed audiologist may not sell a hearing instrument to a person under 18 years of age unless the person or the parent or guardian of the person presents to the audiologist a written statement signed by a licensed physicia…

Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. (a) After a hearing, the commission or executive director may deny a license to an applicant or may suspend or revoke a person's license or place on probation a license holder if the applicant or license holder: (1…

Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section 401.301 is a deceptive trade practice. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.5021. REFUND. The commission or executive director may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021. Added by Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. …

Sec. 402.001. DEFINITIONS. In this chapter: (1) "Advisory board" means the Hearing Instrument Fitters and Dispensers Advisory Board. (2) "Commission" means the Texas Commission of Licensing and Regulation. (3) "Department" means the Texas Department of Licensing and Regulation. (…

Sec. 402.003. APPLICABILITY OF CHAPTER. (a) Except as provided by Subsections (a-1) and (b) and Section 402.451(a), this chapter applies only to a person who engages or offers to engage in fitting and dispensing hearing instruments. (a-1) This chapter does not apply to: (1) a per…

Sec. 402.004. OVER-THE-COUNTER HEARING AIDS. (a) Except as provided by this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids, regardless of whether the trans…

Sec. 402.051. ADVISORY BOARD MEMBERSHIP. (a) 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 dispensin…

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 …