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) proposes an amendment to §141.10, concerning the licensing and regulation of fitters and dispensers of hearing instruments.
BACKGROUND AND PURPOSE
Amendments to §141.10 relate to licensure by reciprocity. The amendments are proposed to clarify requirements and procedures for persons who are licensed as a fitter and dispenser of hearing instruments in another state or territory, and who wish to become licensed as a fitter and dispenser of hearing instruments in Texas.
SECTION SUMMARY
Amendments to §141.10 establish specific procedures and requirements for applicants for licensure by reciprocity. The new provisions address requirements concerning the application form, verification of licensure in another state or territory, examination requirements and procedures, disciplinary actions and criminal convictions in another state or territory, and procedures for reciprocity applicants who are licensed audiologists.
FISCAL NOTE
Joyce Parsons, Executive Director, has determined that for each fiscal year of the first five years the section is in effect, there will be no fiscal implications to the state as a result of enforcing or administering the section as proposed. Implementation of the proposed section will not result in any fiscal implications for local governments.
SMALL AND MICRO-BUSINESS ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
Ms. Parsons has also determined that there will be no adverse economic impact to small businesses or micro-businesses required to comply with the section as proposed. This was determined by interpretation of the rule that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the section. There are no anticipated economic costs to persons who are required to comply with the section as proposed. Currently, applicants for licensure by reciprocity must pay applicable fees; and the amendments do not impose additional fees. There is no anticipated impact on local employment. Therefore, an economic impact statement and regulatory flexibility analysis for micro-businesses and small businesses are not required.
PUBLIC BENEFIT
Ms. Parsons has also determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. The public benefit anticipated as a result of enforcing and administering the section is to effectively regulate the practice of fitting and dispensing of hearing instruments in Texas, which will protect and promote public health, safety, and welfare.
REGULATORY ANALYSIS
The committee has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The committee has determined that the proposed amendment does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Joyce Parsons, Executive Director, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, Mail Code 1982, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-3947 or by email to fdhi@dshs.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rules" in the email subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
The proposed amendment is authorized by the Texas Occupations Code, §402.102, which authorizes the committee to adopt rules necessary for the performance of the committee's duties.
The proposed amendment affects the Texas Occupations Code, Chapter 402.
§141.10. Licensure by Reciprocity.
(a) A licensed fitter and dispenser of hearing instruments from another state or territory may apply for licensure by reciprocity. Applications for licensure by reciprocity shall be considered by the committee.
(b) The applicant must complete the application form completely and accurately. Failure to provide the information required on the application form and the information described in this section shall result in a notice of deficiency that explains the additional information that must be submitted before the application may be reviewed by the committee. Only completed applications will be submitted to the committee for consideration.
(c) The committee shall recognize the licensing requirements of the applicant's state or territory as meeting the requirements of the Act if the applicant:
(1) provides written verification that the applicant is currently a fully licensed fitter and dispenser of hearing instruments in another state or territory and has held the license for at least three years prior to the date of application;
(2) provides written verification that the licensing requirements of the jurisdiction under which the applicant is licensed requires passing of the International Licensing Examination for Hearing Instrument Dispenser (ILE) written examination or that the applicant holds a current certification issued by the Board of Certification for Hearing Instrument Sciences (BC-HIS); and
(3) takes and passes the practical section of the examination referenced in §141.15(c) of this title (relating to Examination), and a written examination of Texas law administered by the committee. The practical examination and written examination of Texas law must be taken at the next regularly scheduled examination held after the committee approves the application.
(d) An applicant who has not satisfied all of the requirements in subsections (a) - (c) of this section shall be required to complete and pass the written and practical sections of the examination referenced in §141.15(c) of this title to fulfill the requirement in subsection (c) of this section.
(e) An applicant for licensure by reciprocity who fails an examination may request in writing, within 30 days of notification of failure, that the committee furnish the applicant with an analysis of the applicant's performance on the examination.
(f) An applicant for licensure by reciprocity who fails an examination shall not be approved for a subsequent examination. The person must comply with the requirements and procedures for obtaining a temporary training permit and an apprentice permit as described in §141.8 of this title (relating to Issuance of Permits).
(g) An applicant for licensure by reciprocity shall provide written verification from the licensing authority of any disciplinary action taken against the applicant during the time the applicant has been licensed. Upon review by the committee, an application may be denied due to disciplinary action taken against the applicant's license.
(h) An applicant for licensure by reciprocity shall provide written verification from the appropriate government agency if the applicant has been convicted of a crime or is on parole, probation, or community supervision in another state or territory.
(i) The committee shall not issue a
license by reciprocity to a person who is a licensed audiologist from
another state or territory. Such applicants shall be referred to the
State Board of Examiners for Speech-Language Pathology and Audiology
for licensure as an audiologist under Texas Occupations Code, Chapter 401.
[In determining whether the licensing requirements
of another jurisdiction are equal to or greater than the licensing
requirements of the Act, the following criteria shall be considered
by the committee:]
[(1) written examination;]
[(2) practical examination;]
[(3) temporary training permit; and]
[(4) apprentice permit.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 13, 2008.
TRD-200804371
Ron Ensweiler
Chair
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Earliest possible date of adoption: September 28, 2008
For further information, please call: (512) 458-7111 x6972