Tex. Occ. Code Section 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.

(3-a)

“Executive director” means the executive director of the department.

(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 prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.

(4-a)

“Hearing aid” means any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.

(5)

“Hearing instrument” means a prescription hearing aid as that term is defined by 21 C.F.R. Section 800.30.

(6)

“License” means a license issued by the department under this chapter to a person authorized to fit and dispense hearing instruments.

(6-a)

“Over-the-counter hearing aid” has the meaning assigned by 21 C.F.R. Section 800.30.

(7)

“Sale” includes a lease, rental, or any other purchase or exchange for value. 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.054, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(4), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.082, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 5, eff. June 18, 2023.

Source: Section 402.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­402.­htm#402.­001 (accessed Jun. 5, 2024).

402.001
Definitions
402.003
Applicability of Chapter
402.004
Over-the-counter Hearing Aids
402.051
Advisory Board Membership
402.055
Terms
402.057
Presiding Officer
402.058
Meetings
402.101
General Powers and Duties
402.103
False, Misleading, or Deceptive Advertising
402.104
Powers and Duties Regarding Examination
402.152
Complaints
402.201
License or Permit Required
402.202
Examination Required
402.203
Application for Examination
402.204
Contents of Examination
402.205
Examination Procedures
402.207
Issuance of Apprentice Permit
402.208
Issuance of License
402.209
Application by License Holder from Another State
402.210
Criminal History Record Information Requirement for License Issuance
402.251
Temporary Training Permit Qualifications
402.252
Supervision Statement
402.253
Expiration of Temporary Training Permit
402.254
Guidelines for Training of Temporary Training Permit Holders
402.255
Supervisor Requirements
402.256
Authority of Temporary Training Permit Holder
402.257
Transfer to Another Supervisor
402.301
License Renewal
402.304
Alternative to Continuing Education Requirement
402.305
Continuing Education Exemptions
402.306
Duplicate License
402.351
Display of License
402.352
Information on Prospective Amplification Candidates
402.353
Sound-level Measurements
402.354
Client Access to Records
402.401
Trial Period
402.402
Sale to Minor
402.403
Written Contract
402.404
Surety Bonding
402.405
Recovery on Surety Bond
402.451
Prohibited Acts
402.453
Treatment of Ear Defects
402.501
Grounds for License Denial and Disciplinary Action
402.0511
Duties of Advisory Board
402.1021
Rules for Hearing Instruments
402.5521
Refund for Hearing Instrument

Accessed:
Jun. 5, 2024

§ 402.001’s source at texas​.gov