Tex. Occ. Code Section 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 transaction occurs in person, online, or through other means.

(b)

A person is not required to obtain a license under this chapter or Chapter 401 (Speech-language Pathologists and Audiologists) to engage in an activity described by Subsection (a).

(c)

A person may not use the title “licensed dispenser” or “licensed seller” with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as a hearing instrument fitter and dispenser under this chapter or as an audiologist or audiologist intern under Chapter 401 (Speech-language Pathologists and Audiologists).

(d)

The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids.

(e)

A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids. These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter or Chapter 401 (Speech-language Pathologists and Audiologists).
Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 6, eff. June 18, 2023.

Source: Section 402.004 — Over-the-counter Hearing Aids, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­402.­htm#402.­004 (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
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Accessed:
Jun. 5, 2024

§ 402.004’s source at texas​.gov