Part VII.
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Chapter 141.
Fitting and Dispensing of Hearing Instruments
22 TAC §141.16
The State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments (committee) with the approval of the Texas Board of
Health (board) proposes an amendment to §141.16 concerning the regulation
of fitters and dispensers of hearing instruments. Specifically, the section
covers conditions of sale and audiometric testing conducted inside or outside
of a stationary acoustical enclosure.
Section 141.16 is proposed for amendment to require that the ambient noise
level of the test environment be recorded on the hearing test, specify the
maximum allowable ambient noise level of the test environment, and to differentiate
when testing is done outside of a stationary acoustical enclosure and when
it is done in a stationary acoustical enclosure by requiring a notation of
such.
Bobby D. Schmidt, M.Ed., Executive Director, has determined that for each
year of the first five-year period the section is in effect, there will be
no fiscal implication for state or local government.
Mr. Schmidt also has determined that for each year of the first five years
the section is in effect, the public benefit as a result of enforcing or administering
the section will be to insure that audiometric testing not conducted in a
stationary acoustical enclosure is done in an acceptable level of ambient
noise and that the ambient noise level is noted on the hearing test. In addition,
a notation will be made on the hearing test if testing is done in a stationary
acoustical enclosure. The section assures that the regulation of fitters and
dispensers of hearing instruments continues to identify competent providers.
Persons required to comply with this amendment will be required to possess
a sound level meter to measure ambient noise. The cost of the sound level
meter is $250. Small businesses will be minimally impacted in that the equipment
needed to determine ambient noise levels must be calibrated at least annually.
There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed., Executive
Director, State Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments, 1100 West 49th Street, Austin, Texas 78756-3183, Telephone (512)
834-6657. Comments will be accepted for 30 days following the date of publication
of this proposal in the
Texas Register
.
The amendment is proposed under Texas Civil Statutes, Article
4566-1.01 et seq., 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 amendment affects Texas Civil Statutes, Article 4566-1.01 et seq.
§141.16.Conditions of Sale.
(a)-(f)
(No change.)
(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 [
[
A stationary acoustical
enclosure includes, but is not limited to, an audiometric test room.]
[
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:]
[
an audiometric test area;]
[
a hearing test space; or]
[
a hearing test room.]
[
An example of an audiometric test room would
be a prefabricated room known as:]
[
an audiometric test booth;]
[
a suite; or]
[
a sound treated room.]
[
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 an audiometric test room for ears covered 250-8000 Hz. The
levels are as follows:]
[
(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: 22 TAC §141.16(h)(2)(C)
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
July 23, 1999.
TRD-9904452
Larry Farris
Chair
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 458-7236
Chapter 430.
Commissioned Officers/Personal Protection Officers
22 TAC §430.36, §430.37
The Texas Board of Private Investigators and Private Security
Agencies proposes new §430.36 and §430.37, concerning Commissioned
Security Officers/Personal Protection Officers. Pursuant to the Appropriations
Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of
Private Investigators and Private Security Agencies has undertaken a comprehensive
review of its Board Rules that were in effect prior to September 1, 1997.
Additionally, Agency Staff and Board members have reviewed the Legislative
changes to Article 4413 (29bb) Vernon Anotated Civil Statutes, by the 76th
Legislature. The Agency Staff and Board Members also reviewed suggestions
and recommendations from individuals and various Trade associations. As a
result of this review all of the Board Rules in effect prior to September
1, 1997 are being repealed, and a new substantive revision of Board Rules
have been compiled.
Jay Kimbrough, Director, has determined that there will be no fiscal implications
for state and local government as a result of enforcing or administering the
rule.
Jay Kimbrough, Director, has determined that there will be fiscal implications
for individuals who are required to comply with the rule. These being the
varying costs of physical examinations conducted by a licensed physician and
involving the testing of blood and/or other medical tests to determine the
absence of any illegal drug abuse or dependency. Mr. Kimbrough has also determined
that small businesses that are required to comply with this rule will realize
some initial negative fiscal effect that should be offset as the result of
a reduction in liability to each company. Mr. Kimbrough has also determined
that public benefit will be derived through the promulgation of this rule
as the result of increased assurance to the general public that qualified
personnel will be providing those services, thereby increasing the public
safety.
Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas
Board of Private Investigators and Private Security Agencies, P.O. Box 13509,
Austin, Texas 78711.
The new section is proposed under 4413(29bb) Vernon Anotated
Civil Statutes, §11(a) (3) which provides the Texas Board of Private
Investigators and Private Security Agencies with the authority "to promulgate
all rules and regulations necessary in carrying out the provisions of this
Act."
The following is the statute that is affected by this rule: Texas Civil
Statutes, Article 4413(29bb).
§430.36.Physician's Examination Required for Commissioned Security Officers and Personal Protection Authorization.
All applicants for a security officer commission or personal protection
authorization must be examined by a licensed physician and be declared in
writing within 180 days before the date of application by the licensee to
show no trace of drug dependency or illegal drug use after a physical examination
and blood test, or other medical test.
§430.37.Psychological Evaluation Required for Security Officer Commission and Personal Protection Authorization Applicants.
All applicants for a security officer commission and personal protection
authorization must be evaluated by a licensed psychologist or psychiatrist
and be declared in writing by that professional within 180 days before the
date of application by a licensee to be in satisfactory psychological and
emotional health appropriate to the type of license sought. The examination
must be conducted pursuant to professionally recognized standards and methods,
must be administered by an experienced professional who is a licensed psychologist
or psychiatrist.
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
July 22, 1999.
TRD-9904441
Jay Kimbrough
Director
Texas Board of Private Investigators and Private Security Agencies
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 463-5545
and
]
dBA equivalent
] maximum allowable ambient noise level of [
50
]
42
dBA.
(4)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
(C)
Figure: 22 TAC §141.16(g)(4)(C)
]
Part XX.
Texas Board of Private Investigators and Private Security Agencies
Chapter 435.
Registrants