The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Texas Occupations Code, Chapter 402, concerning
the licensing of persons authorized to fit and dispense hearing instruments.
(2) Advisory board--The Hearing Instrument Fitters
and Dispensers Advisory Board.
(3) Applicant--An individual who applies for a license
or permit under the Act.
(4) Apprentice permit--A permit issued by the department
to an individual who meets the qualifications established by Texas
Occupations Code, §402.207 and this chapter, and which authorizes
the permit holder to fit and dispense hearing instruments under appropriate
supervision from an individual who holds a license to fit and dispense
hearing instruments without supervision under Texas Occupations Code,
Chapter 401 or 402, other than an individual licensed under §401.311
or §401.312.
(5) Certification, proof of--A certificate of calibration,
compliance, conformance, or performance.
(6) Commission--The Texas Commission of Licensing and
Regulation.
(7) Contact hour--A period of time equal to 55 minutes.
(8) Continuing education hour--A period of time equal
to 50 minutes.
(9) Contract--See definition for "written contract
for services."
(10) Continuing education--Education intended to maintain
and improve the quality of professional services in the fitting and
dispensing of hearing instruments, to keep licensees knowledgeable
of current research, techniques, and practices, and provide other
resources which will improve skills and competence in the fitting
and dispensing of hearing instruments.
(11) Continuing education provider--A provider of a
continuing education activity.
(12) Department--The Texas Department of Licensing
and Regulation.
(13) Direct supervision--The physical presence with
prompt evaluation, review and consultation of a supervisor any time
a temporary training permit holder is engaged in the act of fitting
and dispensing of hearing instruments.
(14) Executive director--The executive director of
the department.
(15) Fitting and dispensing hearing instruments--The
measurement of human hearing by the use of an audiometer or other
means to make selections, adaptations, or sales of hearing instruments.
The term includes prescribing, ordering, or authorizing the use of
hearing instruments, the making of impressions for earmolds to be
used as a part of the hearing instruments, and providing any necessary
post-fitting counseling for the purpose of fitting and dispensing
hearing instruments.
(16) Hearing aid--Any wearable device designed for,
offered for the purpose of, or represented as aiding persons with
or compensating for impaired hearing. The term includes hearing instruments
and over-the-counter hearing aids.
(17) Hearing instrument--A prescription hearing aid
as that term is defined by 21 C.F.R. Section 800.30.
(18) Indirect supervision--The daily evaluation, review,
and prompt consultation of a supervisor any time a permit holder is
engaged in the act of fitting and dispensing hearing instruments.
(19) License--A license issued by the department under
the Act and this chapter to a person authorized to fit and dispense
hearing instruments.
(20) Licensee--Any person licensed or permitted by
the department under Texas Occupations Code Chapter 401 or 402.
(21) Manufacturer--The term includes a person who applies
to be a continuing education provider who is employed by, compensated
by, or represents an entity, business, or corporation engaged in any
of the activities described in this paragraph. An entity, business,
or corporation that:
(A) is engaged in manufacturing, producing, or assembling
hearing instruments for wholesale to a licensee or other hearing instrument
provider;
(B) is engaged in manufacturing, producing, or assembling
hearing instruments for sale to the public;
(C) is a subsidiary of, or held by, an entity that
is engaged in manufacturing, producing, or assembling hearing instruments
as described in this definition;
(D) holds an entity, business, or corporation engaged
in manufacturing, producing, or assembling hearing instruments as
described in this definition; or
(E) serves as a buying group for an entity, business,
or corporation engaged in manufacturing, producing, or assembling
hearing instruments as described in this definition.
(22) Non-Manufacturer--Any person, entity, buyer group,
or corporation that does not meet the definition of a manufacturer.
(23) Over-the-counter hearing aid--The term has the
meaning assigned by 21 C.F.R. Section 800.30.
(24) Person--An individual, corporation, partnership,
or other legal entity.
(25) Sale--The term includes a lease, rental, or any
other purchase or exchange for value. The term does not include a
sale at wholesale by a manufacturer to a person licensed under the
Act or to a distributor for distribution and sale to a person licensed
under the Act.
(26) Specific Product Information--Specific product
information shall include, but not be limited to, brand name, model
number, shell type, and circuit type.
(27) Supervisor--A supervisor is an individual who
holds a valid license to fit and dispense hearing instruments under
Texas Occupations Code, Chapter 401 or 402, other than an individual
licensed under §401.311 or §401.312, and who meets the qualifications
established by Texas Occupations Code, §402.255 and this chapter.
(28) Telehealth--See definition(s) in Subchapter N,
Telehealth.
(29) Temporary training permit--A permit issued by
the department to an individual who meets the qualifications established
by Texas Occupations Code, Chapter 402, Subchapter F, and this chapter,
to authorize the permit holder to fit and dispense hearing instruments
only under the direct or indirect supervision, as required and as
appropriate, of an individual who holds a license to fit and dispense
hearing instruments without supervision under Texas Occupations Code,
Chapter 401 or 402, other than an individual licensed under §401.311
or §401.312.
(30) Working days--Working days are Monday through
Friday, 8:00 a.m. to 5:00 p.m.
(31) Written contract for services--A written contract
between the license holder and purchaser of a hearing instrument as
set out in §112.140 (relating to Joint Rule Regarding the Sale
of Hearing Instruments).
(32) 30-day trial period--The period in which a person
may cancel the purchase of a hearing instrument.
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