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 and by a majority vote of the committee on October 16, 1999, enters
this order finally adopting §141.16 concerning the regulation of fitters
and dispensers of hearing instruments, without changes to the proposed text
as published in the August 6, 1999 issue of the
Texas Register
(24 TexReg 5989), and therefore will not be republished.
The amendment requires 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.
The following comments were received on the proposal during the comment
period. The first commentor from Timothy Mashburn of Felts, Mashburn and Contreras,
P.C. representing the Texas Hearing Aid Association (THAA).
COMMENT: The THAA opposes the amendment to §141.16 in its entirety,
as this organization states that current provisions for audiometric testing
not conducted in a stationary acoustical enclosure is done at an acceptable
level. Next, THAA is unaware of a sound level meter that would be required
to comply with the amendment at a cost of $250. Further, if a sound level
meter is available at this cost, THAA requests that the manufacturer, make
and model number be made available to its membership. This comment is in regards
to cost analysis in the proposed preamble.
RESPONSE: The committee is of the opinion that the public would be better
served if when an audiometric test is not conducted in a stationary acoustical
enclosure, the test environment shall have a maximum allowable ambient noise
level of 42 dBA. This opinion is based on information and research submitted
in an article published in the Journal of The Acoustical Society of America,
May 1978, entitled "A- weighted equivalents of permissible ambient noise during
audiometric testing" by M.C. Killion, Ph.D. and G.A. Studebaker, Ph.D. In
addition, the ambient noise level must be recorded on the hearing test with
the equipment used to gather this data, the model and serial number of the
equipment and the date of the last calibration of the equipment. Further,
the committee is of the opinion that a notation be required on the hearing
test to differentiate when an audiometric test is done outside of a stationary
acoustical enclosure and when it is done in a stationary acoustical enclosure.
Starkey Texas, Inc. has informed the committee that a TENMA, Model # 72-860
is available at $295. If 5 - 9 units are purchased, the cost would be $275
and if 10 or more units are purchased the cost would be $250. No change was
made as a result of the comment.
The second commentor was Chester C. Timbs of Chester C. Timbs, P.C. representing
Phillips Hearing Aid Service, Inc. In Tyler, Texas.
COMMENT: Phillips Hearing Aid Service states that in the proposed preamble
the cost of the $250 for a sound level meter needed to comply with the amendment
in §141.16 is not accurate. Further, Phillips Hearing Aid Service states
that in §141.16(g)(3) the wording of "maximum allowable ambient noise
level of 42 dBA", should be reworded for clarity to read "ambient noise level
not to exceed 42 dBA when testing to thresholds to 20 dB HL".
RESPONSE: The cost analysis for the sound level meter stated in the proposed
preamble is explained in the response to the previous comment from THAA. The
committee is of the opinion that "maximum allowable" and "not to exceed" are
interpreted as the same meaning. The committee refers to the lawsuit filed
by Audiology Practices, Inc., page 7, 4.19, the ANSI standards do not speak
to, recognize, or sanction the use of a dBA equivalent to the discrete "ears
covered" octave band standards. The reasons for this omission are inherent
in the definition and purpose of an A-weighted (or dBA) measurement of sound
pressure level. An A-weighted sound pressure level measurement was designed
to adjust for or "weight" the noise or sound in a given environment to better
correspond to human hearing. Further, the committee refers to the study ("A-weighted
equivalents of permissible ambient noise during audiometric testing" - Journal
of the Acoustical Society of America, May 1978) by M.C. Killion and G.A. Studebaker
that states, sound level meters of at least type 2 quality (ANSI S1.4 1971)
may be used instead of octave or one-third octave band analyzers to quickly
and routinely check the acceptability of an office, classroom, or closet for
threshold determinations at the time of use. No change was made as a result
of the comment.
The amendment is adopted under the Occupation Code, §402
which provides the State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments, subject to the Texas Board of Health approval, with
the authority to adopt rules concerning the regulation of licensed fitters
and dispensers of hearing instruments. This amendment affects Texas Occupations
Code, Chapter 402.
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 January 14, 2000.
TRD-200000283
Larry Farris
President
State Committee of Examiners in the Fitting and Dispensing of Hearing Instrument
Effective date: February 3, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 458-7236