Part 7.
STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS
Chapter 141.
FITTING AND DISPENSING OF HEARING INSTRUMENTS
The State Committee of Examiners in the Fitting and Dispensing of
Hearing Instruments (committee) by a majority vote of the committee on May
31, 2001, and with the approval of the Texas Board of Health (board), enters
this order finally adopting amendments §§141.1 - 141.8, 141.11,
and 141.13 - 141.17, and 141.19 - 141.22, repeal of existing §141.18
and new §141.18 concerning the regulation of fitters and dispensers of
hearing instruments. Sections 141.2, 141.8, 141.16, and new §141.18 are
adopted with changes to the proposed text as published in the March 9, 2001,
issue of the
Texas Register
(26 TexReg 1955).
Sections 141.1, 141.3 - 141.7, 141.11, 141.13 - 141.15, 141.17, 141.19 - 141.22,
and the repeal of §141.18 are adopted without changes, and therefore
will not be republished.
The amendments cover purpose; definitions; the committee; licensees and
the committee; client information; application procedures; processing procedures;
issuance of permits; filing of a bond; renewal of license; continuing education
requirements; examination; condition of sale; complaints and violations; formal
hearings; administrative penalties; informal disposition; suspension of a
license for failure to pay child support; and code of ethics.
Government Code §2001.039 and the General Appropriations Act, Article
IX, §§9-10.13, 76th Legislature, 1999, requires each state agency
to review and consider for readoption each rule adopted by that agency pursuant
to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections
141.1 - 141.22 have been reviewed and the committee has determined that reasons
for adopting the sections continue to exist; however, revisions are being
made to the rules. Sections 141.9 - 141.10 and 141.12 were proposed without
changes in the proposed preamble and opened for comments and are adopted without
changes because no needed revisions were identified during the review and
no comments were received.
The committee published a Notice of Intention to Review for §§141.1
- 141.22 in the
Texas Register
on September
17, 1999 (24 TexReg 7773). No comments were received as a result of the publication
of the notice.
A readoption notice concerning §§141.9 - 141.10 and 141.12 can
be found in the Adopted Rules Review under the Rule Review of Agency Rules
in the same issue of the
Texas Register
.
These sections delete language no longer needed; update existing rules
to reflect changes in the profession; amend rules according to the codification
of the Licensed Fitter and Dispenser of Hearing Instruments Act in the new
Texas Occupations Code, Chapter 402; clarify, reorganize and simplify the
rules and make typographical corrections.
Comments were received on the proposed rules during the comment period
from the Texas Hearing Aid Association (THAA) and an individual, John Westmoreland
of Waco, Texas.
Comments from the Texas Hearing Aid Association:
COMMENT: Concerning proposed §141.2 (17) and (18), THAA opposes the
removal of the definition of "License" and "Licensee". Even though these terms
may be defined by statute, having them clearly defined in the rules makes
the rules easier to interpret for the licensees. Any set of rules should contain
all statutory definitions so that reference to the statute is not required
for proper compliance.
RESPONSE: The committee agrees and has reinserted the definitions of "License"
and "Licensee" as new §141.2(18) and (19).
COMMENT: Concerning proposed §141.15(d)(2) that reads as follows:
"If the examinee fails the examination the examinee must repeat the 160 hours
of direct supervision." THAA supports the concept embodied by the proposed
new rule, which is to protect the public against incompetent trainees. However,
we respectfully request the committee consider limiting the repeated direct
supervision to the portion of the exam that was failed by the trainee. Supervision
is costly and time consuming. It makes no sense to require the trainee and
the supervisor to return to direct supervision on those areas where the trainee
has demonstrated adequate knowledge of the subject matter to properly and
safely serve the general public. Returning the trainee to direct supervision
only on the area of the exam that was failed allows both parties to concentrate
their efforts on the inadequacies of the trainee. Retraining of that which
has already been learned is inefficient and costly.
RESPONSE: The committee has considered the comment, however, due to the
fact that the practical portion of the examination is rated as pass or fail,
the trainee will be required to repeat the direct supervision. In addition,
the committee has included an additional 10 hours of training and increased
from 150 hours to 160 hours. No change was made as a result of these comments.
COMMENT: Concerning §141.15(d)(5) that reads as follows: "The examinee
may take the examination no more than three times." HAA fully supports this
proposed rule change. Persons failing the exam three times have proven they
are not qualified to serve the hearing impaired, and should not be returned
to temporary permit status.
RESPONSE: The committee agrees. No changes were made as a result of this
comment.
COMMENT: Concerning proposed §141.16(b)(2) that reads as follows:
"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 licensee within the 30-day
trial period ending 30 days from the date of delivery. Should the order be
canceled by the client prior to the delivery of the hearing instrument(s),
the licensee 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 licensee."
THAA opposes the removal of the words "in good working order" as shown above.
The purpose of the licensing committee is to promulgate rules that are fair
and equal to both the general public and licensed dispensers. If this language
is removed, the client has no responsibility to return the hearing instrument
to the dispenser in good working order. Furthermore, this leaves the dispenser
open for abuse by those who experience accidents with their hearing instruments
that render them inoperable. For example, a client could accidentally step
on his/her hearing instrument, rendering the instrument inoperable. By removing
the above language in the current rule, the client could return the instrument
to the dispenser within the 30-day trial period and receive a refund. The
dispenser, on the other hand, suffers a huge loss when he/she did nothing
wrong. The client bears some responsibility to properly maintain the instrument
during a trial period during which the instrument can be returned. We urge
the committee to leave this language in the current rule.
RESPONSE: The committee has considered the comment and prefers to keep
the proposed language substitute of "in good working condition". The dispenser
would not be harmed because these returned hearing instruments are returned
to the manufacturer for credit. No changes were made as a result of these
comments.
COMMENT: Concerning proposed §141.16(b)(3): "Should the hearing instrument(s)
have to be repaired, remade or adjusted during the 30-day trial period, the
30-day trial period is suspended for one day for each 24 hour period that
the hearing instrument(s) is not in the client's possession. The 30-day trial
period resumes on the day the client reclaims the repaired, remade, or adjusted
hearing instrument." THAA submits that no change in the current 30-day trial
rule is needed or justified for the following reasons: (1) the current rule
has worked very well for the industry. Proof of this can be measured by comparing
the total number of complaints filed with the state licensing committee concerning
returns with the total number of hearing aids sold. The result would be far
less than 1%. Most industries would consider that an extremely successful
complaint ratio. (2) All dispensers are familiar with the current rule, and
most implement it without any problems or complaints from their customers.
To change the rule would require an unnecessary campaign to reeducate all
licensed dispensers on a new rule. Contracts would have to be rewritten and
reprinted. This is not necessary when the current rule is working so well
for both dispensers and consumers. (3) No matter what rule is adopted for
returning hearing aids, the licensing committee will continue to receive complaints
from the consuming public. Since the current rule has already demonstrated
it generates very few complaints, it should remain unchanged. (4) It is very
doubtful the committee could write a new rule that would reduce the number
of complaints currently registered with this committee. (5) To date, the state
licensing committee has resolved all complaints filed with the committee concerning
returns. This proves the current rule works when consumers file legitimate
complaints. (6) Some audiologists have complained that the existence of two
rules, one for audiologists and one for dispensers causes problems in the
workplace and confusion for customers. If audiologists have a problem with
the dispenser rule, they should either adopt the dispenser rule, or learn
to live with two sets of rules in the workplace. Please remember, dispensers
did not cause the licensing of these two professional groups to be divided
into two separate groups with two sets of rules.
RESPONSE: The committee has considered the comments and believes it is
in the consumer's best interest to have a "true" 30-day trial period, meaning
30 days of possession of the hearing instrument. Therefore, the language will
remain as proposed. No changes were made as a result of the comments.
Comments from Mr. John Westmoreland:
COMMENT: Concerning proposed §141.15(d)(2), the number of hours to
be repeated should be 150 not 160.
RESPONSE: In the event that the practical examination is failed, the committee
has increased the number of temporary training permit hours from 150 to 160
to be repeated under direct supervision. No changes were made as a result
of this comment.
COMMENT: Concerning proposed rule §141.16(b)(3), Mr. Westmoreland
stated: "One of the reasons this was proposed was because the perception that
the majority of complaints dealt with violation of abuse of the 30 day trial
period. My research shows that the number of complaints dealing with this
problem has virtually stopped, and that only one or two valid complaints have
surfaced dating back one year. If the proposed change is enacted, the dispenser
will incur an unnecessary amount of paperwork that is simply not needed. I
believe it is wrong to chastise 99% of the dispensers because of the behavior
of the other 1%. In the event that this item is approved for a rule change,
please note that there is a problem with the last sentence. I believe the
sentence should read, "If the hearing instrument is not picked up within five
working days following client notification, the thirty day trial period resumes".
RESPONSE: The committee has considered the comment and believes it is in
the consumer's best interest to have a "true" 30-day trial period, meaning
30 days of possession of the hearing instrument. Therefore, the language will
remain as proposed. However, an editorial change in the last sentence was
made to reflect that "the 30 day trail period resumes."
The following change was made due to a staff comment.
Change: Concerning §141.18(h)(3), a period was added at the end of
the sentence.
22 TAC §§141.1 - 141.8, 141.11, 141.13 - 141.22
The amendments, repeal and new rule are adopted under the
Texas Occupations Code, §402.102 which provides the State Committee of
Examiners in the Fitting and Dispensing of Hearing Instruments, subject to
the Texas Board of Heath approval, the authority to adopt rules concerning
the regulation of fitters and dispensers of hearing instruments.
§141.2.Definitions.
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)
Administrative Law Judge -- A judge employed by the State
Office of Administrative Hearings.
(3)
APA -- Administrative Procedure Act, the Government Code,
Chapter 2001.
(4)
Applicant -- A person who applies for licensure under the
Act.
(5)
Apprentice permit -- A permit issued by the committee to
a person who meets the requirements of Texas Occupations Code, §402.207.
(6)
Bill of sale -- See definition for "written contract for
services."
(7)
Board -- The Texas Board of Health.
(8)
Committee -- The State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments.
(9)
Contact hour -- A period of time equal to 55 minutes.
(10)
Contract -- See definition for "written contract for services."
(11)
Contested case -- A proceeding in accordance with Administrative
Procedure Act (APA) in this chapter, including but not restricted to rule
enforcement and licensing, in which the legal rights, duties, or privileges
of a party are to be determined by the committee after an opportunity for
an adjudicative hearing.
(12)
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.
(13)
Department -- The Texas Department of Health.
(14)
Direct supervision -- The physical presence with prompt
evaluation, review and consultation of a supervisor anytime a temporary training
permit holder is engaged in the act of fitting and dispensing of hearing instruments.
(15)
Fitting and dispensing hearing instruments -- The measurement
of human hearing by the use of an audiometer, or by any means, for the purpose
of making selections, adaptations, or sales of hearing instruments. The term
includes the making of impressions for earmolds to be used as a part of the
hearing instrument and any necessary post-fitting counseling for the purpose
of fitting and dispensing hearing instruments.
(16)
Formal hearing -- A hearing or proceeding in accordance
with this chapter, including a "contested case" as defined in this section.
(17)
Indirect supervision -- The daily evaluation, review,
and prompt consultation of a supervisor anytime a permit holder is engaged
in the act of fitting and dispensing hearing instruments.
(18)
License -- A license issued by the committee under Texas
Occupations Code, Chapter 402, and this chapter to a person authorized to
fit and dispense hearing instruments.
(19)
Licensee -- Any person licensed by the committee.
(20)
Ownership of dispensing practice -- A person who owns,
maintains, or operates an office or place of business where the person employs
or engages under contract a person who practices the fitting and dispensing
of hearing instruments shall be considered also to be engaged in the practice
of fitting and dispensing of hearing instruments under this Act.
(21)
Person -- An individual, corporation, partnership, or
other legal entity.
(22)
Sell or sale -- A transfer of title or the right to use
by lease, bailment, or any other contract. For the purpose of Texas Occupations
Code, §402.001(7), the term "sell" or "sale" shall not include sales
at wholesale by manufacturers to persons licensed under this Act, or to the
distributors for distribution and sale to persons licensed under Texas Occupations
Code, §402.001(7), and this chapter.
(23)
Selling of hearing instrument by mail -- Anytime a hearing
instrument is not sold, fitted or dispensed in person by a licensee or permit
holder.
(24)
Sponsor -- Provider of a continuing education activity.
(25)
Supervisor -- A supervisor is a person licensed by the
committee as a licensed hearing instrument dispenser who:
(A)
meets the qualifications established by Texas Occupations
Code, §402.255 and this chapter;
(B)
has an established place of business;
(C)
is responsible for direct and indirect supervision and
available for consultation and education of a temporary training permit holder;
or
(D)
is responsible for indirect supervision and available for
consultation of an apprentice permit holder.
(26)
Temporary training permit -- A permit issued by the committee
to persons authorized to fit and dispense hearing instruments only under the
direct or indirect supervision as appropriate of a person who holds a license
under Texas Occupations Code, Chapter 402, and this chapter.
(27)
Working days -- Working days are Monday through Friday,
8:00 a.m. to 5:00 p.m.
(28)
Written contract for services -- A written agreement or
bill of sale, between the licensee and purchaser of a hearing instrument as
set out in §141.16(c) of this title (relating to Conditions of Sale).
(29)
30-day trial period -- The period in which a person may
cancel the purchase of a hearing instrument.
§141.8.Issuance of Permits.
(a)
Temporary training permit.
(1)
The training period begins on the date of the issuance
of the temporary permit.
(2)
The committee shall issue a temporary training permit to
an applicant who:
(A)
has filed an application form and temporary training permit
fee; and
(B)
has met all of the academic requirements for licensure.
(3)
The temporary training must be done under the supervision
of an individual who holds a valid license, from the committee, to fit and
dispense hearing instruments in the State of Texas.
(4)
A person shall obtain a temporary training permit prior
to person receiving supervision.
(5)
A temporary training permit holder shall maintain a valid
temporary training permit during his or her supervised practicum experience
(6)
The supervising fitter and dispenser of hearing instruments
must submit a written notification of termination of supervision to the committee
and the temporary training permit holder within 10 days of cessation of supervision.
The committee notification of termination of supervision shall include:
(A)
the name, temporary training permit number, and signature
of the supervisor, and the name and license number of the supervisee;
(B)
a statement that supervision has terminated;
(C)
the reason for termination;
(D)
the date of termination of supervision; and
(E)
a statement indicating whether the supervisor and the temporary
training permit holder has complied with the requirements of Texas Occupations
Code, Chapter 402, (Act), and this chapter.
(7)
The temporary training permit holder shall give written
notice to the executive director of the transfer of supervision within 10
working days of change in supervisor.
(8)
A temporary training permit holder shall be required to
have at least 160 hours of directly supervised practicum that shall include
the following:
(A)
25 contact hours of pure tone air conduction, bone conduction,
and speech audiometry with both recorded and live voice with 15 of the required
hours being with actual clients;
(B)
10 contact hours of masking;
(C)
25 client hours of hearing instrument evaluation including
field measurements with recorded and live voice;
(D)
20 contact hours of instrument fittings with actual consumers;
(E)
10 contact hours of earmold orientation types, uses, and
terminology;
(F)
5 contact hours of earmold impressions and otoscopic examinations
of the ear;
(G)
15 contact hours of troubleshooting of defective hearing
instruments;
(H)
20 contact hours of case history with actual consumers;
(I)
10 contact hours of the laws governing the licensing of
persons fitting and dispensing hearing instruments and Federal Food and Drug
Administration and Federal Trade Commission regulations relating to the fitting
and dispensing of hearing instruments;
(J)
20 hours of supplemental work in one or more of the areas
described in subparagraphs (A)-(H) of this paragraph.
(9)
On completion of the 160 hours of directly supervised practicum
under paragraph (8) of this subsection a temporary training permit holder
shall complete the permit holder's training under the indirect supervision
of the permit holder's supervisor.
(10)
The dated and notarized signature of the supervisor or
supervisors who can formally attest to the temporary permit holder's supervised
experience.
(11)
The supervised experience forms must be completed by the
temporary permit holder and the supervisor or supervisors and contain:
(A)
the name of the temporary permit holder;
(B)
the name, address, and licensure status of the temporary
permit holder's supervisor and supervisors;
(C)
the name and address of the business or organization where
the temporary permit holder practices;
(D)
the inclusive dates of the supervised experience;
(E)
the supervisor's notarized signature; and
(F)
the temporary permit holder's notarized signature.
(b)
Apprentice permit.
(1)
A temporary training permit holder who has taken all parts
of the examination given by the committee and has passed all parts of the
examination with a score of 70% or greater shall be issued an apprentice permit
to fit and dispense hearing instruments. An apprentice permit remains valid
for one year unless it is extended by the committee for an additional period
not to exceed six months.
(2)
The committee shall issue an apprentice permit to an applicant
who:
(A)
has filed an application form and apprentice permit fee;
and
(B)
has taken and passed all parts of the examination with
a score of 70% or greater.
(3)
The supervisor shall periodically conduct a formal evaluation
of the applicant's progress in the development of professional skills.
(4)
A supervisor of an apprentice permit holder is responsible
for services to the client that may be performed by the apprentice permit
holder. The supervisor must ensure that all services provided are in compliance
with the Act and this chapter.
(5)
The apprenticeship must be done under the indirect supervision
of an individual who holds a valid license to fit and dispense hearing instruments
in the State of Texas.
(6)
Prior to the issuance of an apprentice permit, the supervisor's
affidavit form must be filed with the committee office.
(7)
The apprentice permit holder shall complete 18 hours of
classroom continuing education in one or more of the following approved subjects:
(A)
basic physics of sound;
(B)
structure and function of hearing instruments;
(C)
fitting of hearing instruments;
(D)
pure tone audiometry, including air conduction testing
and bone conduction testing;
(E)
live voice and recorded voice speech audiometry;
(F)
masking when indicated for air conduction, bone conduction,
and speech;
(G)
recording and evaluation of audiogram and speech audiometry
to determine the candidacy for hearing instruments;
(H)
selection and adaption of hearing instruments, testing
of hearing instruments, and verification of aided hearing instrument performance;
(I)
taking of earmold impressions;
(J)
verification of hearing instrument fitting and functional
gain measurements using a calibrated system;
(K)
anatomy and physiology of the ear;
(L)
counseling and aural rehabilitation of an individual with
a hearing impairment for the purpose of fitting and dispensing hearing instruments;
(M)
use of an otoscope for the visual observation of the entire
ear canal;
(N)
laws, rules, and regulations of this state and the United
States; and
(O)
the proper procedures for sound level measurements.
(8)
The supervisor must submit written notification of cessation
of supervision to the committee and the apprentice permit holder within 10
days of cessation of supervision. Notification of termination of supervision
shall include:
(A)
the name and permit number of the apprentice, and the signature
of the supervisor;
(B)
a statement that supervision has been terminated;
(C)
the reason for termination;
(D)
the date of termination of supervision; and
(E)
a statement indicating whether the supervisor and the apprentice
permit holder have complied with the requirements of the Act and this chapter.
(9)
The apprentice permit holder shall give written notice
to the executive director of the transfer of supervision within 10 working
days of change in supervisor.
(10)
The dated and notarized signature of the supervisor or
supervisors who can formally attest to the apprentice permit holder's supervised
experience.
(11)
The supervised experience forms must be completed by the
apprentice permit holder and the supervisor or supervisors and contain:
(A)
the name of the apprentice permit holder;
(B)
the name, address, and licensure status of the apprentice
permit holder's supervisor or supervisors;
(C)
the name and address of the business or organization where
the apprentice permit holder practices;
(D)
the inclusive dates of the supervised experience;
(E)
the supervisor's notarized signature; and
(F)
the apprentice permit holder's notarized signature.
(c)
Other conditions for supervised experience for temporary
training permit or apprentice permit.
(1)
A supervisor may not supervise more than two permit holders
of any type at one time.
(2)
A supervisor may delegate training activities to another
eligible supervisor for the supervision of a temporary training permit holder.
The supervisor shall be responsible for the day-to-day supervision of a trainee.
The supervisor shall also be ultimately responsible for services provided
to a client by the temporary training permit holder. A supervisor shall not
delegate the responsibility of supervision.
§141.16.Conditions of Sale.
(a)
Compliance with other state and federal regulations. A
licensee or permit holder under Texas Occupations Code, Chapter 402, (Act)
shall:
(1)
adhere to the Federal Food and Drug Administration regulations
in accordance with 21 Code of Federal Regulations (CFR) §801.420 and §801.421;
(2)
receive a written statement before selling a hearing instrument
that is signed by a physician or surgeon duly licensed by the Texas State
Board of Medical Examiners, one who specializes in diseases of the ear and
states that the client's hearing loss has been medically evaluated during
the preceding six-month period and that the client is age 18 or older, the
licensee may inform the client that the medical evaluation requirement may
be waived as long as the licensee:
(A)
informs the client that the exercise of the waiver is not
in the client's best health interest;
(B)
does not encourage the client to waive the medical evaluation;
and
(C)
gives the client an opportunity to sign a statement on
the contract that says: "I have been advised by (licensee's or permit holder's
name) that the Food and Drug Administration has determined that my best health
interest would be served if I had a medical evaluation by a licensed physician
(preferably a physician or surgeon who specializes in diseases of the ear)
before purchasing one or more hearing instruments. I do not wish to receive
a medical evaluation before purchasing a hearing instrument";
(3)
not sell a hearing instrument to a person under 18 years
of age unless the prospective user, parent, guardian has presented to the
licensee or permit holder a written statement signed by a licensed physician
specializing in diseases of the ear that states that the client's hearing
loss has been medically evaluated and the client may be considered a candidate
for a hearing instrument. The evaluation must have taken place within the
preceding six months; and
(4)
advise clients who appear to have any of the following
otologic conditions to consult promptly with a physician:
(A)
visible, congenital or traumatic deformity of the ear;
(B)
history of active drainage from the ear within the previous
90 days;
(C)
history of sudden or rapidly progressive hearing loss within
the previous 90 days;
(D)
acute or chronic dizziness;
(E)
unilateral hearing loss of sudden or recent onset within
the previous 90 days;
(F)
audiometric air-bone gap equal to or greater than 15 decibels
at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;
(G)
visible evidence of significant cerumen accumulation or
a foreign body in the ear canal; and
(H)
pain or discomfort in the ear.
(b)
Guidelines for a 30-day trial period.
(1)
All clients shall be informed of a 30-day trial period
by written contract for services and all charges associated with such trial
period be included in this written contract for services, which shall include
the name, address, and telephone number of the State Committee of Examiners
in the Fitting and Dispensing of Hearing Instruments.
(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 licensee
within the 30-day trial period ending 30 days from the date of delivery. Should
the order be canceled by the client prior to the delivery of the hearing instrument(s),
the licensee 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 licensee.
(3)
Should the hearing instrument(s) have to be repaired, remade
or adjusted during the 30-day trial period, the 30-day trial period is suspended
for one day for each 24 hour period that the hearing instrument(s) is not
in the client's possession. The 30-day trial period resumes on the day the
client reclaims the repaired remade, or adjusted hearing instrument. If the
hearing instrument is not picked up within five working days following client
notification, the 30-day trial period resumes.
(c)
Written contract for services to client - client protection.
Upon the sale of any hearing instrument(s) or change of model or serial number
of the hearing instrument(s), the licensee or permit holder shall provide
the client with a signed, written contract for services containing the following:
(1)
the date of sale;
(2)
the make and model of the hearing instrument(s);
(3)
the name, address, and telephone number of the principal
place of business of the licensee;
(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 copy of the written forms (relating to waiver forms);
(7)
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 at the outset of his relationship with the undersigned fitter
and dispenser of hearing instruments that any examination or representation
made by a licensed fitter and dispenser of hearing instruments 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";
(8)
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 fitter and dispenser of hearing instruments, you may contact
the State Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments, 1100 West 49th Street, Austin, Texas 78756-3183, telephone 1-800-942-5540";
(9)
the licensee's or permit holder's printed name, signature
and license or permit number;
(10)
the supervisory arrangement reflected on a written contract
for services by signature of both the permit holder and licensee with both
the permit holder's license number and the licensee's license number; and
(11)
a serial number(s) and follow-up appointment within 30
days after the hearing instrument fitting shall be part of the patient records.
(d)
Terms of sale.
(1)
There shall be a full and complete disclosure of the cost
of financing the purchase of hearing instruments.
(2)
If the initial price of the hearing instrument(s) furnished
is reduced by trade-in allowance or discount, the written contract for services
shall conspicuously state:
(A)
the initial price of the aid before trade-in allowance
or discount;
(B)
the amount of the trade-in allowance or discount; and
(C)
the final price to the consumer.
(e)
Record keeping.
(1)
It is the licensee's responsibility to keep records on
every client to whom the licensee renders service in connection with the fitting
and dispensing of hearing instruments. Such records shall be preserved for
at least five years after the fitting and dispensing of the hearing instrument(s)
to the client. If other hearing instruments are subsequently fitted and dispensed
to that client, cumulative records must be maintained for at least five years
after the latest fitting and dispensing of the hearing instrument(s) to that
client. The records must be available for the committee's inspection and will
include but not be limited to the following:
(A)
pertinent case history;
(B)
source of referral and appropriate documents;
(C)
medical evaluation or waiver of evaluation;
(D)
copies of writing contracts for services and receipts executed
in connection with the fitting and dispensing of each hearing instrument provided;
(E)
a complete record of hearing tests, and services provided,
including follow-up appointment within the 30-day trial period; and
(F)
all correspondence specifically related to services provided
to the client or the hearing instrument(s) fitted and dispensed to the client.
(2)
A complete record of tests shall be available for the client.
(f)
Audiometers and audiometric testing devices.
(1)
Audiometers and audiometric testing devices shall meet
the current standards of the American National Standards Institute or as otherwise
specified by the Texas Department of Health (department).
(2)
Current audiometer or audiometric testing device calibration
records shall be maintained with each audiometer or audiometric testing device.
Audiometer or audiometric testing device calibration records and data shall
be maintained for inspection by the department for a period of three years.
(g)
Audiometric testing not conducted in a stationary acoustical
enclosure.
(1)
A notation shall be made on the hearing test if testing
was not done in a stationary acoustical enclosure.
(2)
Ambient noise level of location audiometric testing, if
not done in a stationary acoustical enclosure, shall include a notation on
the hearing test of the following items:
(A)
type(s) of equipment used to determine ambient noise level;
(B)
model and serial number of equipment used to determine
ambient noise level;
(C)
date of last calibration of equipment used to determine
ambient noise level; and
(D)
the ambient noise level of the test environment.
(3)
If audiometric testing is not conducted in a stationary
acoustical enclosure, the test environment shall have a maximum allowable
ambient noise level of 42 dBA.
(h)
Audiometric testing conducted in a stationary acoustical
enclosure.
(1)
A notation shall be made on the hearing test if testing
was done in a stationary acoustical enclosure.
(2)
A stationary acoustical enclosure includes, but is not
limited to, an audiometric test room.
(A)
An audiometric test room is any enclosed space in which
a listener is located for the purpose of testing hearing. An audiometric test
room may also be known as:
(i)
an audiometric test area;
(ii)
a hearing test space; or
(iii)
a hearing test room.
(B)
An example of an audiometric test room would be a prefabricated
room known as:
(i)
an audiometric test booth;
(ii)
a suite; or
(iii)
a sound treated room.
(C)
The primary and necessary requirement of an audiometric
test room is to ensure that the maximum permissible ambient noise levels established
by the American National Standards Institute do not exceed the levels for
audiometric test room for ears covered 250 - 8000 Hz. The levels are as follows:
Figure: 25 TAC §141.16 (h)(2)(C) (No change.)
§141.18.Formal Hearings.
(a)
Purpose. This section covers the formal hearing procedures
and practices that will be used by the committee in handling suspensions,
revocation of license, denial of licenses, probating a license suspension,
and reprimanding a licensee. Such hearing will be conducted pursuant to the
contested case provisions of the Administrative Procedure Act (APA), Texas
Government Code, Chapter 2001 and will be held by the State Office of Administrative
Hearings.
(b)
Notice requirements.
(1)
Notice of the hearing shall be given according to the notice
requirements of APA.
(2)
If a party fails to appear or be represented at a hearing
after receiving notice, the Administrative Law Judge examiner may proceed
with the hearing or take whatever action is fair and appropriate under the
circumstances.
(3)
All parties shall timely notify the Administrative Law
Judge of any changes in their mailing addresses.
(c)
Parties to the hearing.
(1)
The parties to the hearing shall be the applicant or licensee
and the complaints subcommittee or executive director, as appropriate.
(2)
A party may appear personally or be represented by counsel
or both.
(d)
Prehearing conferences.
(1)
In a contested case, the Administrative Law Judge, on his
own motion or the motion of a party, may direct the parties to appear at a
specified time and place for a conference prior to the hearing for the purpose
of:
(A)
the formulation and simplification of issues;
(B)
the necessity or desirability of amending the pleading;
(C)
the possibility of making admissions or stipulations;
(D)
the procedure at the hearing.
(E)
specifying the number of witnesses;
(F)
the mutual exchange of prepared testimony and exhibits;
(G)
the designation of parties; and
(H)
other matters which may be expedite the hearing.
(2)
The Administrative Law Judge shall have the minutes of
the conference recorded in an appropriate manner and shall issue whatever
orders are necessary covering said matters or issues.
(3)
Any action taken at the prehearing conference may be reduced
to writing, signed by the parties, are made a part of the record.
(e)
Assessing the cost of a court reporter and the record of
the hearing.
(1)
In the event a court reporter is utilized in the making
of the record of the proceedings, the committee shall bear the cost of the
per diem or other appearance fee for such reporter.
(2)
The committee may prepare, or order the preparation of,
a transcript (statement of facts) of the hearing upon the written request
of any party. The committee may pay the cost of the transcript or assess the
cost to one or more parties.
(3)
In the event a final decision of the committee is appealed
to the district court wherein the committee is required to transmit to the
reviewing court a copy of the record of the hearing proceeding, or any part
thereof, the committee may require the appealing party to pay all or part
of the cost of preparations of the original or a certified copy of the record
of the committee proceedings that is required to be transmitted to the reviewing
court.
(f)
Disposition of case. Unless precluded by law, informal
disposition may be made of any contested case by agreed settlement order or
default order.
(g)
Agreements in writing. No stipulation or agreement between
the parties with regard to any matter involved in any proceeding shall be
enforced unless it shall have been reduced to writing and signed by the parties
or their authorized representatives, dictated into the record during the course
of a hearing, or incorporated in an order bearing their written approval.
This rules does not limit a party's ability to waive, modify, or stipulate
away any right or privilege afforded by these sections.
(h)
Final orders or decisions.
(1)
The final order or decision will be rendered by the committee.
The committee is not required to adopt the recommendation of the Administrative
Law Judge and may take action as it deems appropriate and lawful.
(2)
All final orders or decisions shall be in writing and shall
set forth the findings of fact and conclusions required by law.
(3)
All final orders shall be signed by the executive director
and the chairman of the committee; however, interim orders maybe issued by
the Administrative Law Judge.
(4)
A copy of all final orders and decisions shall be timely
provided to all parties as required by law.
(i)
Motion for rehearing. A motion for rehearing shall be governed
by APA, Texas Government Code, §2001.146 and shall be addressed to the
committee and filed with the executive director.
(j)
Appeals. All appeals from final committee orders or decisions
shall be governed by APA, Texas Government Code, Subchapter G, and communications
regarding any appeal shall be to the executive director.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 20, 2001.
TRD-200104902
Michael Shobe
Chairman
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Effective date: September 9, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 458-7236
22 TAC §141.18
The repeal is adopted under the Texas Occupations Code, §402.102
which provides the State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments, subject to the Texas Board of Heath approval, the
authority to adopt rules concerning the regulation of fitters and dispensers
of hearing instruments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104903
Michael Shobe
Chairman
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Effective date: September 9, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 458-7236
Chapter 273.
GENERAL RULES
22 TAC §273.4
The Texas Optometry Board adopts amendments to §273.4
without change to the proposed text published in the June 15, 2001, issue
of the
Texas Register
(26 TexReg 4374).
The amendments raise the license renewal and corresponding late fees to
provide funding for the appropriations made by the 77th Legislature.
No comments on the rule were received.
The amendments are adopted the authority of the Texas Optometry
Act, Occupations Code, §351.152 which grants the Board the authority
to establish by rule reasonable and necessary fees to cover the costs of administering
the act.
The amendments affect the Texas Optometry Act, Occupations Code, §351.152.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 20, 2001.
TRD-200104878
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: September 9, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 305-8500
22 TAC §§279.1 - 279.7, 279.12, 279.16
The Texas Optometry Board adopts the repeals of §§279.1
- 279.7, 279.12 and 279.16, without change to the proposed text published
in the June 15, 2001, issue of the
Texas Register
(26 TexReg 4375).
The agency repeals §§279.1 - 279.7, 279.12 and 279.16, so that
the text of the repealed sections may be placed in the new and amended rules
proposed for this chapter.
No comments on the rule repeals were received.
The repeals of §§279.1 - 279.7, 279.12, and 279.16
is under the authority of the Texas Optometry Act, Texas Occupations Code, §351.151.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The code that will be affected by this proposal is Chapter 351 of the Texas
Occupations Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 20, 2001.
TRD-200104879
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: September 9, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 305-8500
22 TAC §§279.1 - 279.5, 279.9 279.11, 279.12, 279.14
The Texas Optometry Board adopts the following new rules
without change. Which in addition to language from prior rules, contain a
more specific title and updates to the citations in the Texas Occupations
Code: new §279.1 concerning contact lens examinations, which contains
sections from repealed §§279.2, 279.5, 279.7, and 279.14, and clarifies
from prior language both when a follow-up visit is required and the method
of notifying the patient; new §279.2 concerning contact lens prescriptions,
contains sections from repealed §§279.1, 279.12, and 279.16, and
clarifies from prior language the minimum required prescription period. The
new rule also adds language clarifying statutory requirements in the Contact
Lens Prescription Act regarding the mandatory two month prescription extension
and the manner in which information must be transmitted when a medical condition
prohibits the release of a prescription; new §279.3, concerning spectacle
examinations, contains sections from repealed §§279.5, 279.7, and
279.14; new §279.4, concerning spectacle prescriptions, contains sections
from repealed §§279.2, 279.5, 279.7, and 279.14; new §279.5,
concerning dispensing ophthalmic materials, contains sections from repealed §279.3
and repealed subsections of §279.14; new §279.11, concerning books
and records in the relationship with dispensing opticians, contains the language
of repealed §279.6; and new §279.12, concerning separation of offices
in the relationship with dispensing opticians, contains the language of repealed §279.4.
The agency amends §279.9, concerning advertising, to add the text
from the repeal of §280.6 to the current rule to group advertising issues
together and to add a more specific title. The agency amends §279.14,
concerning patient files, to delete sections (b) through (e), which text is
now contained in new §§279.1, 279.3, 279.5, and 279.9, and to add
a more specific title.
The Texas Optometry Board (agency) received comments on the proposed rules
in Chapter 279 from Representative Patricia Gray (Representative Gray), Texas
Department of Health (TDH), Consumers Union (CU), and 1-800 Contacts, Incorporated
(1-800).
General Comments Concerning Intent of Law
Representative Gray made general comments that the proposed reorganization
of Chapter 279 did not address the intent of the Contact Lens Prescription
Act (Chapter 353 of the Texas Occupations Code) and should be withdrawn. The
agency disagrees that the rules should be withdrawn. As stated in the preamble
to the proposed rules, the agency proposed the reorganization in order to
place matters concerning the same subject matter in the same rule. Only a
few changes in the actual language of the rules were proposed, and these changes
comply with the intent of the Contact Lens Prescription Act (CLPA) and the
Texas Optometry Act (TOA) as set out by the clear language of these statutes.
The language that is unchanged also complies with the clear language of these
acts.
Comments Regarding New Proposed §279.1
Several comments concerned the requirement of a follow-up visit in order
to obtain a contact lens prescription. A commenter (CU) stated that the change
in the language to clarify that a follow-up examination is only required when
medically indicated addresses many complaints made to the agency and more
fully complies with the intent of the CLPA. The agency agrees that the changes
clarify that follow-up visits may not always be required for the proper prescribing
of contact lenses.
TDH commented that "medically indicated" is ambiguous and should be more
narrowly defined. The agency disagrees with this comment. The term is sufficiently
clear such that optometrists will be able to determine when a follow-up visit
may be required. The term is similarly definitive as the statutory terms "ocular
health" and "medical condition" in §353.157 of the CLPA.
Representative Gray commented that the proposed rules should establish
standards of practice regarding follow-up visits so that they are only necessary
for health reasons. The agency disagrees with this comment since the change
in the rule language clearly establishes a health standard for the necessity
of follow-up visits.
Unrelated to the language regarding follow-up visits, TDH also made general
comments that subsection (d) does not mirror the provisions of the CLPA, but
the commenter did not make any specific comments as to how this subsection
did not further the intent of the CLPA. The agency disagrees with the comments.
Subsection (d) is based solely on the disciplinary authority of the TOA and
has no relationship to the CLPA.
Comments Regarding New Proposed §279.2
Several comments were made concerning the faxing or telephoning of a contact
lens prescription. The language of the rule closely tracks the language in §353.104
(a) of the CLPA that allows a prescriber to transmit a contact lens prescription
by telephone or facsimile for an emergency refill. Commenters (Representative
Gray, CU, 1-800, and possibly TDH which addresses this issue in comments to
proposed §279.4, but mentions contact lens prescriptions) stated that
the CLPA does not restrict telephoned or facsimile prescriptions to only those
situations where an emergency refill is required, and that the restriction
placed by the agency's rules does not comply with realities of today's health
system and the needs of consumers. The agency disagrees with these comments.
The CLPA establishes a clear and comprehensive system of dispensing contact
lenses in which the original signed prescription is an integral component.
Section 353.103 requires the dispenser to note on the original prescription
the number of lenses dispensed when a partial dispensing is made, and to return
the original to the customer after making a copy for the dispenser's records.
When a complete dispensing of the number of lenses is made, the original is
retained by the dispenser so that the customer no longer has access to a prescription
which has expired due to the number of authorized lenses having been dispensed.
A special provision is made, however, so that in an emergency the telephoning
or faxing of a prescription is permitted. The language of the rule accurately
reflects the system established by the clear language of the CLPA.
However, because of the passage of Senate Bill 393, 77th Legislature, the
agency does agree with commenters (Representative Gray and 1-800 in comments
to §279.4) that state law, effective January 1, 2002, gives equal effect
to electronic transmissions of a signature and the original signature provided
that the electronic signature satisfies certain safeguards. Therefore, the
agency is proposing amendments to §279.2 and §279.4 that will allow
the faxing and computer transmission of contact lens and other ophthalmic
prescriptions after the effective date of Senate Bill 393. These amendments
will be proposed in action separate from the adoption of these rules.
Comments were also made regarding the definition of "emergency." Commenter
CU stated that the agency's interpretation that the two month extension of
the contact lens prescription can only be faxed or telephoned in an emergency
is contrary to the law. The agency disagrees and points to the clear language
of the CLPA which allows the extension to be made by fax or telephone if the
provisions of the emergency refill section are satisfied. CU stated that the
rules should provide that an emergency is any situation where a patient does
not have a prescription and needs one to be faxed or telephoned. 1-800 commented
that an optometrist does not have the authority to determine when an emergency
exists -- that only TDH had that authority. The agency disagrees with these
comments. The CLPA does not define "emergency," but the term is commonly defined
as an unforeseen turn of events requiring prompt action. The proposed rule
does not enlarge the provisions of the CLPA.
TDH commented that the rule did not repeat every provision of the CLPA
regarding the reasons that a prescriber may refuse to release a contact lens
prescription. TDH also commented that the rule did not state that the prescriber
may always release a prescription even if there is a legal reason justifying
non-release. The commenter also stated that the rule does not require an optometrist
to state the specific reason that a prescription is not being released. The
agency disagrees with these comments. The rule requires that the optometrist
give the patient the reason for not releasing the prescription. The provisions
of the CLPA setting out the permissible reasons for not releasing a prescription
are quite clear and do not require explanatory language. Each licensee of
the agency has been furnished with a copy of the CLPA in addition to the agency's
rules.
Commenter CU also stated that subsection (h) should contain language prohibiting
a prescriber from requiring the patient to purchase a supply of contacts before
a prescription will be issued. Representative Gray commented that rules should
prohibit optometrists from requiring the "initial purchase" of contact lenses
unless "medically necessary and so stated in writing." The agency agrees with
these comments to the extent that the rule should clarify that an optometrist
may only require the patient to buy contact lenses purchased by the optometrist
for the fitting process. The agency is proposing an amendment with this clarifying
language in action separate from the adoption of these rules to be published
in the
Texas Register
. The agency disagrees
with the remainder of these comments. The rule, in language that was not changed,
allows the prescriber to charge for lenses used in the fitting process. The
rule does not allow a prescriber to make the purchase of a contact lens a
precondition to the release of a prescription. In the fitting process, the
fit of the contact lens is evaluated so that damage to the cornea is prevented.
Optometrists may have free samples of popular lenses that can be used in the
fitting process. Such samples are based on the optometrist's purchase patterns
as well as other restrictions imposed by the manufacturer. Frequently samples
are unavailable, especially if the patient requires a non-disposable lens
or a lens with uncommon parameters. The optometrist is required to purchase
such a lens prior to its use in the fitting process. In some instances the
manufacturer only supplies a lens in a multiple package, and the optometrist
is required to purchase the package in order to have lenses to perform the
fitting. The intent of the CLPA is not to prevent the prescriber from charging
patients for lenses the optometrist is required to purchase to perform a medically
competent examination.
Commenter Representative Gray also commented on the language of subsection
(g) concerning proprietary lens brands and the relation of the language to
the litigation involving contact lens manufacturers and several state attorney
generals. Subsection (g) is unchanged from the amendments adopted and published
in the March 30, 2001 issue of the
Texas Register
. The agency responded to comments in that issue regarding the difference
between private labels and proprietary lenses at (26 Tex.Reg. 2539). It is
the agency's understanding that this was not an issue in the litigation involving
contact lens manufacturers.
Comments regarding new proposed §279.4
The agency received comments from TDH and 1-800 stating that the requirement
for an original written prescription for spectacles and other ophthalmic devices
is "outdated," "archaic," and contrary to "modern life." The agency agrees
that Senate Bill 393, 77th Legislature, effective January 1, 2002, gives equal
effect to electronic transmissions of a signature and the original signature
provided that the electronic signature satisfies certain safeguards. Therefore,
the agency is proposing amendments to §279.2 and §279.4 that will
allow the faxing and computer transmission of contact lens, spectacle and
other ophthalmic prescriptions after the effective date of Senate Bill 393.
These amendments will be proposed in action separate from the adoption of
these rules.
TDH also commented that the agency should adopt rules establishing a reasonable
time period for the release of a prescription and rules relating to a "patient's
designated agent." The agency disagrees with these comments. The agency can
determine on a case by case basis whether any complaints of delay violate
the intent of the CLPA to release a prescription upon the request of a patient.
In the future, should the agency receive a number of written complaints directly
from patients regarding a delay in the release, the agency will consider proposing
a rule at that time. The CLPA permits a patient to request delivery to another
person, and allows the prescriber to charge for such a delivery, but there
are no provisions in the CLPA regarding a "patient's designated agent." Therefore
the agency is not proposing a rule on this matter.
Comments regarding new proposed §279.5
1-800 commented that the agency does not have the authority to adopt subsection
(a), which is unchanged from proposed repealed §279.14 (e). The agency
disagrees with this comment. §351.002 (6)(7) of the TOA defines the practice
of optometry and therapeutic optometry. The definition includes the prescribing
of medications, spectacles, contact lenses and ophthalmic devices.
Proposed §279.5 contains the text, unchanged except for updates to
the citations to the TOA, of repealed §279.3 and §279.12, and a
repealed subsection of §279.14.
Comments Requesting Agency to Propose Additional Rules or Sections
Representative Gray commented that the agency should propose rules to prevent
a licensee from refusing to release a contact lens prescription because of
an insurance claim regarding the patient which has not been paid to the licensee.
The agency agrees with this comment to the extent that withholding a prescription
because of an unpaid account assigned to an vision plan or provider plan would
not comply with the intent of the CLPA. Therefore an amendment to §279.2
prohibiting such a withholding will be placed on the agenda for the next meeting
of the agency. The agency received one written complaint concerning this situation
in the last two fiscal years, and the licensee modified his procedure.
Representative Gray also commented that the agency should propose rules
to require licensees to issue extra copies of prescriptions when lenses are
torn or lost. In the last two fiscal years, the agency has received one written
complaint regarding the issuance of extra copies of prescriptions and no complaints
concerning copies when lenses are torn or lost. The CLPA does not authorize
a rule requiring the release of multiple copies of a prescription, but an
optometrist is free to honor the patient's request for an additional copy
in these situations. The CLPA does allow for an emergency refill of a contact
lens prescription.
New §§271.1 - 271.5, 271.11, 271.12, are adopted under
the Texas Optometry Act, Texas Occupations Code, §§351.151, 351.005,
351.251, 351.353, 351.356, 351.357, 351.359, 351.364, 351.406, 351.453, 351.501,
351.602, 351.603, 351.606 and 351.607, and the Contact Lens Prescription Act,
Texas Occupations Code, §§353.152, 353.153 and 353.158. The Texas
Optometry Board interprets §351.151 as authorizing the adoption of procedural
and substantive rules for the regulation of the optometric profession. The
agency interprets §§351.005, 351.251, 351.356, 351.357, 351.406
and 351.607 to require a prescription for the dispensing of contact lenses
and or spectacles and ophthalmic materials; §§351.005, 351.356 and
351.453 as defining the limits of an ophthalmic dispenser's authority; §351.353
as defining the steps required in an examination, §351.501 as authorizing
the disciplining of licensees; §351.359 as defining the requirements
of a spectacle prescription as well as, with the sections of the Contact Lens
Prescription Act, defining the requirements of a contact lens prescription; §351.364
as defining the limits of the relationships of optometrists and dispensing
opticians and §§351.602, 351.603, 351.606 and 351.607 as setting
the penalties for dispensing without a prescription. Texas Occupations Code,
Chapter 351, is affected by this adoption.
The amendments of §279.9 and §279.14 are adopted under the Texas
Optometry Act, Texas Occupations Code, §§351.151, 351.352, 351.155
and 351.403. The amendments affect §§351.155, 351.352 and 351.403.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §351.155 and §351.403 as authorizing rules
to prevent false, deceptive or misleading advertising and §351.352 as
defining the contents of patient files and records and the responsibilities
of optometrists for these files
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 20, 2001.
TRD-200104880
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: September 9, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 305-8500
Part 14.
TEXAS OPTOMETRY BOARD
Chapter 279.
INTERPRETATIONS
Chapter 280.
THERAPEUTIC OPTOMETRY