| (a) This subchapter constitutes the rules required
by Texas Occupations Code §401.2021 and §402.1021 to be
adopted by the commission with the assistance of the Speech-Language
Pathologists and Audiologists Advisory Board and the Hearing Instrument
Fitters and Dispensers Advisory Board. The requirements of this subchapter
shall be repealed or amended only through consultation with, and mutual
action by, both advisory boards.
(b) Guidelines for a 30 consecutive day trial period
for a hearing instrument.
(1) All clients shall be informed of a 30 consecutive
day trial period by written contract for services related to a hearing
instrument. All charges associated with such trial period shall be
included in this written contract for services, which shall include
the name, address, and telephone number of the department.
(2) Any client purchasing one or more hearing instruments
shall be entitled to a refund of the purchase price advanced by the
client for the hearing instrument(s), less the agreed-upon amount
associated with the trial period, upon return of the instrument(s),
in good condition, to the licensed audiologist or licensed intern
in audiology within the trial period ending 30 consecutive days from
the date of delivery. Should the order be canceled by the client prior
to the delivery of the hearing instrument(s), the licensed audiologist
or licensed intern in audiology may retain the agreed-upon charges
and fees as specified in the written contract for services. The client
shall receive the refund due no later than the 30th day after the
date on which the client cancels the order or returns the hearing
instrument(s), in good condition, to the licensed audiologist or licensed
intern in audiology.
(3) Should the hearing instrument(s) have to be returned
to the manufacturer for repair or remake during the trial period,
the 30 consecutive day trial period begins anew. The trial period
begins on the day the client reclaims the repaired/remade hearing
instrument(s). The expiration date of the new 30 consecutive day trial
period shall be made available to the client in writing, through an
amendment to the original written contract. The amendment shall be
signed by both the licensed audiologist or licensed intern in audiology
and the client.
(4) On delivery of a new replacement hearing instrument(s)
during the trial period, the serial number of the new instrument(s),
the delivery date of the hearing instrument(s), and the date of the
expiration of the 30 consecutive day trial period must be stated in
writing.
(5) If the date of the expiration of the 30 consecutive
day trial period falls on a holiday, weekend, or a day the business
is not open, the expiration date shall be the first day the business
reopens.
(c) Upon the sale of any hearing instrument(s) or change
of model or serial number of the hearing instrument(s), the owner
shall ensure that each client receives a written contract that contains:
(1) the date of sale;
(2) the make, model, and serial number of the hearing
instrument(s);
(3) the name, address, and telephone number of the
principal place of business of the license holder who dispensed the
hearing instrument;
(4) a statement that the hearing instrument is new,
used, or reconditioned;
(5) the length of time and other terms of the guarantee
and by whom the hearing instrument is guaranteed;
(6) a statement on or attached to the written contract
for services, in no smaller than 10-point bold type, as follows: "The
client has been advised that any examination or representation made
by a licensed audiologist or licensed intern in audiology in connection
with the fitting and selling of the hearing instrument(s) is not an
examination, diagnosis or prescription by a person duly licensed and
qualified as a physician or surgeon authorized to practice medicine
in the State of Texas and, therefore, must not be regarded as medical
opinion or advice.";
(7) a statement on the face of the written contract
for services, in no smaller than 10-point bold type, as follows: "If
you have a complaint against a licensed audiologist or intern in audiology,
you may contact the Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free
(in Texas): (800) 803-9202";
(8) the printed name, license type, signature and license
number of the licensed audiologist or licensed intern in audiology
who dispensed the hearing instrument;
(9) the supervisor's name, license type, and license
number, if applicable;
(10) a recommendation for a follow-up appointment within
thirty (30) days after the hearing instrument fitting;
(11) the expiration date of the 30 consecutive day
trial period under subsection (b); and
(12) the dollar amount charged for the hearing instrument
and the dollar amount charged for the return or restocking fee, if
applicable.
(d) Record keeping. The owner of the dispensing practice
shall ensure that records are maintained on every client who receives
services in connection with the fitting and dispensing of hearing
instruments. Such records shall be preserved for at least five years
after the date of the last visit. All of the business's records and
contracts are solely the property of the person who owns the business.
Client access to records is governed by the Health Insurance Portability
and Accountability Act (HIPAA). The records must be available for
the department's inspection and shall include, but are not limited
to, the following:
(1) pertinent case history;
(2) source of referral and appropriate documents;
(3) medical evaluation or waiver of evaluation if provided;
(4) copies of written contracts for services and receipts
executed in connection with the fitting and dispensing of each hearing
instrument provided;
(5) a complete record of hearing tests, and services
provided; and
(6) all correspondence specifically related to services
provided to the client or the hearing instrument(s) fitted and dispensed
to the client.
(e) The written contract and trial period information
provided to a client in accordance with this section, orally and in
writing, shall be in plain language designed to be easily understood
by the average consumer.
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