Tex. Occ. Code Section 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Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff.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Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(86), eff.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 51.204 (Rules Restricting Advertising or Competitive Bidding), an advertisement is false, misleading, or deceptive if the advertisement:

(1)

contains a misrepresentation of fact;

(2)

contains a false statement as to the license holder’s professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;

(3)

makes a partial disclosure of relevant fact, including the advertisement of:

(A)

a discounted price of an item without identifying in the advertisement or at the location of the item:
(i)
the specific product being offered at the discounted price; or
(ii)
the usual price of the item; and

(B)

the price of a specifically identified hearing instrument, if more than one hearing instrument appears in the same advertisement without an accompanying price;

(4)

contains a representation that a product innovation is new, if the product was first offered by the manufacturer to the general public in this state not less than 12 months before the date of the advertisement;

(5)

states that the license holder manufactures hearing instruments at the license holder’s office location unless the next statement discloses that the instruments are manufactured by a specified manufacturer and remanufactured by the license holder; or

(6)

contains any other representation, statement, or claim that is inherently misleading or deceptive.
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. 1.089, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.093, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.094, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(86), eff. September 1, 2015.

Source: Section 402.103 — False, Misleading, or Deceptive Advertising, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­402.­htm#402.­103 (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

§ 402.103’s source at texas​.gov