Title OC, Occupations Code

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 (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.22…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…

Sec. 403.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (3) "Executive director" means the executive director of the department. (4) "License hold…

Sec. 403.003. APPLICABILITY. This chapter does not: (1) require a school district to employ a person licensed under this chapter; (2) require an individual who is licensed under Chapter 501 to obtain a license under this chapter; or (3) authorize a person who is not licensed unde…

Sec. 403.051. ADVISORY BOARD. The department shall appoint an advisory board to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. Septemb…

Sec. 403.0511. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.131, eff. September 1, 2015.

Sec. 403.052. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules that establish standards of ethical practice. Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1…

Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS PROHIBITED. (a) The department may not include the home address of a person licensed under this chapter in a roster, registry, or other database the department publishes on the department's Internet website unless the person re…

Sec. 403.101. LICENSE REQUIRED. A person may not use the title "licensed dyslexia practitioner" or "licensed dyslexia therapist" in this state unless the person holds the appropriate license under this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff…

Sec. 403.102. ISSUANCE OF LICENSE. The department shall issue a licensed dyslexia practitioner or licensed dyslexia therapist license to an applicant who meets the requirements of this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 20…

Sec. 403.1025. TERM OF LICENSE. A license issued under this chapter is valid for two years. Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.066, eff. April 2, 2015.

Sec. 403.103. LICENSE APPLICATION. (a) A license applicant 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. Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B…

Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA PRACTITIONER LICENSE. (a) To be eligible for a licensed dyslexia practitioner license, an applicant must have: (1) earned a bachelor's degree from an accredited public or private institution of higher education; (2) successfully com…

Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST LICENSE. (a) To be eligible for a licensed dyslexia therapist license, an applicant must have: (1) earned at least a master's degree from an accredited public or private institution of higher education; (2) successfully co…

Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For purposes of determining whether an applicant satisfies the training requirements for a license under this chapter, a multisensory structured language education training program completed by the applicant must: (1) be accre…

Sec. 403.107. EXAMINATION. (a) To obtain a license, an applicant must: (1) pass a written examination approved by the department under Subsection (b); and (2) pay the required fees. (b) The department shall: (1) identify and designate a competency examination that is related to m…

Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The department may waive the examination requirement and issue a license to an applicant who holds an appropriate certificate or other accreditation from a nationally accredited multisensory structured language education organizati…

Sec. 403.110. QUALIFIED INSTRUCTOR. To be considered a qualified instructor under this chapter, a person must: (1) be a licensed dyslexia therapist; (2) have at least 1,400 hours of clinical teaching experience in addition to the hours required to obtain a licensed dyslexia thera…

Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia practitioner may practice only in, or provide telehealth services from a remote location only to, an educational setting, including a school, learning center, or clinic. (b) A licensed dyslexia therapist may practice in, or …

Sec. 403.202. PROHIBITED ACTIONS. A license holder may not: (1) obtain a license by means of fraud, misrepresentation, or concealment of a material fact; (2) sell, barter, or offer to sell or barter a license; or (3) engage in unprofessional conduct that endangers or is likely to…

Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a license holder violates this chapter or a rule or code of ethics adopted by the commission, the commission or executive director shall: (1) revoke or suspend the license; (2) place on probation the person if the person's license…

Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The commission by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. (b) Rules adopted under this section must include procedures to: (1) monitor for compliance a license …

Sec. 451.001. DEFINITIONS. In this chapter: (1) "Athletic injury" means an injury sustained by a person as a result of physical activity or exercise or the person's participation in an organized sport or sport-related exercise or activity, including interscholastic, intercollegia…

Sec. 451.002. INTERPRETATION; PRACTICE OF MEDICINE. This chapter does not authorize the practice of medicine by a person not licensed by the Texas Medical Board. 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), S…

Sec. 451.003. APPLICABILITY. This chapter does not apply to: (1) a physician licensed by the Texas Medical Board or engaged in the practice of medicine as authorized by Section 151.0521; (2) a dentist, licensed under the laws of this state, engaged in the practice of dentistry; (…

Sec. 451.051. BOARD; MEMBERSHIP. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(120), eff. September 1, 2015. (b) The board consists of five members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) three me…

Sec. 451.0521. DUTIES OF BOARD. The board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.149, eff. September 1, 2015.