| (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
Pathology and Audiology 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shall be repealed or amended only through consultation with, and mutual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 hearing instrument dispenser, apprentice
permit holder, or temporary training permit holder 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 hearing instrument dispenser, apprentice
permit holder, or temporary training permit holder 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
hearing instrument dispenser, apprentice permit holder, or temporary
training permit holder.
(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 hearing instrument dispenser, apprentice
permit holder, or temporary training permit holder 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 or permit 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 hearing instrument dispenser or apprentice permit holder
or temporary training permit holder 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 hearing instrument dispenser
or apprentice permit holder or temporary training permit holder, 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, www.tdlr.texas.gov";
(8) the printed name, license type, signature and license
or permit number of the licensed hearing instrument dispenser, apprentice
permit holder, or temporary training permit holder 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 subchapter, orally and
in writing, shall be in plain language designed to be easily understood
by the average consumer.
|
