| (a) Except as otherwise specifically provided, the
sections in this subchapter apply to all persons and entities (e.g.,
calibration companies, facilities) who receive, possess, acquire,
transfer, own, or use audiometers, audiometric testing devices, and
audiometric calibration equipment, and to all audiometers used for
audiometric screening and hearing threshold tests, all audiometric
testing devices, and all audiometric calibration equipment used in
the State of Texas.
(b) Each individual and entity using any of the equipment
referenced in subsection (a) of this section must be registered with
the department, in the manner prescribed by the department (see information
at http://www.dshs.state.tx.us/vhs/audio.shtm). Registration information
must be updated in a timely manner to keep it current.
(c) Equipment referenced in subsection (a) of this
section shall meet the appropriate current ANSI standards, or the
manufacturer's specifications if no ANSI standards apply, and all
other applicable federal and state standard(s) and/or regulation(s)
for such equipment.
(d) Individuals must be trained by or undergo training
approved by the department in the proper use of this equipment, as
detailed in §37.27 of this title (relating to Standards and Requirements
for Screening Certification and Instructor Training).
(e) Individuals and entities who perform calibration
services on the equipment referenced in subsection (a) of this section
shall register with the department, and must update that registration
in a timely manner to keep it current, in a manner prescribed by the
department (see information at http://www.dshs.state.tx.us/vhs/audio.shtm).
(f) Only calibration firms shall perform periodic electronic
calibrations and exhaustive electronic calibrations. Calibration firms
shall provide notification to the owner of the audiometer being calibrated
that the audiometer has been calibrated. The notification may be in
the form of a decal or sticker affixed to the audiometer, or in hard
copy documentation that must be maintained by the owner and be made
readily available to the department or its representative upon request.
(g) Upon reasonable notice, each individual or entity
using audiometric screening equipment shall make available to the
department, in a timely manner, records maintained pursuant to this
subchapter. Calibration forms and records for all equipment referenced
in subsection (a) of this section, including monthly biological calibration
data, shall be maintained for inspection by the department for three
years.
(h) Registration is not required for:
(1) equipment in storage, being shipped, or being offered
for sale, if the audiometer, audiometric testing devices, and audiometric
calibration equipment is not being used; and
(2) equipment limited to nonhuman use.
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