Tex. Occ. Code Section 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 permit holder who:

(1)

makes a material misstatement in furnishing information to the department or to another state or federal agency;

(2)

violates this chapter or a rule adopted under this chapter;

(3)

is convicted of a felony or misdemeanor that includes dishonesty as an essential element or of a crime directly related to the practice of fitting and dispensing hearing instruments;

(4)

makes a misrepresentation for the purpose of obtaining or renewing a license, including falsifying the educational requirements under this chapter;

(5)

is professionally incompetent or engages in malpractice or dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;

(6)

aids or assists another person in violating this chapter or a rule adopted under this chapter;

(7)

does not provide information in response to a written request made by the department within 60 days;

(8)

directly or indirectly knowingly employs, hires, procures, or induces a person not licensed under this chapter to fit and dispense hearing instruments unless the person is exempt under this chapter;

(9)

aids a person not licensed under this chapter in the fitting or dispensing of hearing instruments unless the person is exempt under this chapter;

(10)

is habitually intoxicated or addicted to a controlled substance;

(11)

directly or indirectly gives to or receives from a person a fee, commission, rebate, or other form of compensation for a service not actually provided;

(12)

violates a term of probation;

(13)

wilfully makes or files a false record or report;

(14)

has a physical illness that results in the inability to practice the profession with reasonable judgment, skill, or safety, including the deterioration or loss of motor skills through aging;

(15)

solicits a service by advertising that is false or misleading;

(16)

participates in subterfuge or misrepresentation in the fitting or dispensing of a hearing instrument;

(17)

knowingly advertises for sale a model or type of hearing instrument that cannot be purchased;

(18)

falsely represents that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of a hearing instrument;

(19)

falsely uses the term “doctor,” “audiologist,” “clinic,” “clinical audiologist,” “state licensed,” “state certified,” “licensed hearing instrument dispenser,” “board certified hearing instrument specialist,” “hearing instrument specialist,” or “certified hearing aid audiologist,” or uses any other term, abbreviation, or symbol that falsely gives the impression that:

(A)

a service is being provided by a person who is licensed or has been awarded a degree or title; or

(B)

the person providing a service has been recommended by a government agency or health provider;

(20)

advertises a manufacturer’s product or uses a manufacturer’s name or trademark in a way that implies a relationship between a license or permit holder and a manufacturer that does not exist;

(21)

directly or indirectly gives or offers to give, or permits or causes to be given, money or another thing of value to a person who advises others in a professional capacity as an inducement to influence the person to influence the others to:

(A)

purchase or contract to purchase products sold or offered for sale by the license or permit holder; or

(B)

refrain from purchasing or contracting to purchase products sold or offered for sale by another license or permit holder under this chapter;

(22)

with fraudulent intent fits and dispenses a hearing instrument under any name, including a false name or alias;

(23)

does not adequately provide for the service or repair of a hearing instrument fitted and sold by the license holder; or

(24)

violates a regulation of the federal Food and Drug Administration or the Federal Trade Commission relating to hearing instruments.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 315 (H.B. 594), Sec. 11, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.063, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.124, eff. September 1, 2015.

Source: Section 402.501 — Grounds for License Denial and Disciplinary Action, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­402.­htm#402.­501 (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

§ 402.501’s source at texas​.gov