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

Accessed:
Jun. 5, 2024

§ 402.004’s source at texas​.gov