Part 7.
STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS
Chapter 141.
FITTING AND DISPENSING OF HEARING INSTRUMENTS
22 TAC §§141.2, 141.3, 141.6 - 141.8, 141.13, 141.14, 141.17, 141.21, 141.23, 141.24
The State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments (committee) adopts amendments to §§141.2,
141.3, 141.6, 141.7, 141.8, 141.13, 141.14, 141.17, 141.21 and new §§141.23
and 141.24, concerning the licensure and regulation of fitters and dispensers
of hearing instruments. Sections 141.6, 141.14, 141.23 and 141.24, are adopted
with changes to the proposed text as published in the September 20, 2002,
issue of the
Texas Register
(27 TexReg 8864).
Sections 141.2, 141.3, 141.7, 141.8, 141.13, 141.17, and 141.21 are adopted
without changes to the proposed text and will not be republished.
The amendments cover definitions, nondiscrimination, fees, number of temporary
training permit and apprentice permit holders a licensed fitter and dispenser
of hearing instruments may supervise, continuing education sponsors, surrender
of license because of student loan default, suspension of a license for failure
to be in compliance with child custody orders, and editorial changes, and
petition for the adoption of a rule.
The amendments and new sections are pursuant to statutorial changes made
to the Texas Occupations Code, Chapter 402, during the 77th Legislative Session,
2001. These sections are amended to further protect the public, eliminate
unnecessary language, improve grammar and style, correct errors and omissions,
harmonize the sections with the Texas Occupations Code, and the Family Code,
establish new fees, increase specific existing fees, and keep the rules in
The following comments were received concerning the proposed rules. Following
each comment is the Committee's response and any resulting change.
Comment: One comment was received concerning §141.6(e)(7) relating
to continuing education (CE) sponsor fee. The commenter recommended the committee
increase the fee from $50 to $1000. The commenter believes the fee increase
would not be onerous or burdensome to approved CE sponsors because of the
revenue they receive from licensed dispensers attending their programs. It
has been determined that for each year of the first five-year period the sections
will be in effect, there will be an impact on state government as a result
of enforcing or administering the sections as proposed. There will be an increase
in general revenue to the state estimated to be $2500 in Fiscal Year 2003,
$15,000 in Fiscal Year 2004, $20,000 in Fiscal Year 2005, $25,000 in Fiscal
Year 2006, and $30,000 in Fiscal Year 2007. There will be no fiscal implications
for local government. For each year of the first five years the sections are
in effect, the public benefit as a result of enforcing or administering the
sections will be to insure the appropriate regulation of fitters and dispensers
of hearing instruments. There is no anticipated cost to micro or small businesses
or persons who are required to comply with the sections as proposed unless
the micro or small businesses or persons are continuing education sponsors.
An increase in cost will affect individuals who default on their student loans
or are noncompliant with child custody orders, and are required to pay a $50
reinstatement fee. Continuing education sponsors will renew every year instead
of every five years and pay a $500 continuing education sponsor fee. There
is no anticipated impact on local employment.
Response: The committee agrees with the commenter regarding increasing
the continuing education sponsor fee but determined the fee should be increased
from $50 to $500. Change was made as a result of this comment.
Comment: Concerning §141.2(24), one commenter expressed support for
the rule.
Response: The committee agrees. No change was made as a result of this
comment.
Comment: Concerning §141.14(i)(2), one commenter suggested rewording
the paragraph from "... The committee may approve an institute, agency, organization,
association, or individual as a continuing education sponsor of continuing
education units. The committee shall grant approval to organizations who pay
the continuing education sponsor fee which shall permit the organizations
to provide continuing education units..." to "...The committee may approve
an institute, agency, organization, association, or individual as a continuing
education sponsor of continuing education units who pay the continuing education
sponsor fee. This will permit the organizations provide continuing education
units..."
Response: The committee agrees. Change was made as a result of this comment.
Comment: Concerning §141.23(2)(A), (2)(B), (2)(D), (3)(A)(B)(C) and
(5)(A), one commenter stated that these factors are not relevant to determining
the nature of a violation.
Response: The committee agrees and changes were made to §141.23(2)
and (5) as a result of this comment.
Comment: Concerning §141.24, the commenter expressed support for the
rule.
Response: The committee agrees. No changes were made as a result of this
comment.
The committee is making the following change due to a staff comment.
Change: Concerning §141.24(2), "require may" was corrected to "may
require".
One comment was from the Texas Hearing Aid Association Incorporated and
the others were from the Consumers Union. All comments were in favor of the
rules.
The amendments and new sections are adopted under Texas Occupations
Code, Chapter 402, which requires the State Committee of Examiners in the
Fitting and Dispensing of Hearing Instruments to adopt rules, with the approval
of the Texas Board of Health; and the Health and Safety Code, §12.001,
that are reasonably necessary to properly perform its duties under this Act.
§141.6.Application Procedures.
(a)
Purpose. The purpose of this section is to set out the
application procedures for examination and licensure.
(b)
General.
(1)
Unless otherwise indicated, an applicant must submit all
required information and documentation of credentials on official forms of
the State Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments (committee).
(2)
The committee will not consider an application as officially
submitted until the applicant pays the application fee. The fee must accompany
the application form(s).
(3)
The committee shall send a notice listing the additional
materials required to an applicant who does not complete the application.
An application not completed within 60 days after the date of notice shall
be invalid; however, by written request to the committee an applicant may
request that his or her application be kept active for an additional year.
Deficient applications will be retained for one year; however, after that
year an applicant will be required to submit a new application and all required
materials in addition to paying a new application fee.
(c)
Fees paid to the committee by applicants are not refundable
except in accordance with §141.7 of this title (relating to Processing
Procedures).
(d)
Remittances submitted to the committee in payment of fees
may be in the form of a cashier's check or money order.
(e)
The fees for administering Texas Occupations Code, Chapter
402, (Act), and this chapter shall be as follows:
(1)
temporary training permit--$200;
(2)
examination fee--$250;
(3)
apprentice permit--$200;
(4)
licensure fee--$200;
(5)
licensure renewal fee--$200;
(6)
duplicate document fee --$25;
(7)
continuing education sponsor fee--$500 annually;
(8)
reinstatement fee for a license that was suspended for
failure to pay child support--$50; and
(9)
reinstatement fee for a license that was suspended for
student loan default--$50.
§141.14.Continuing Education Requirements.
(a)
Purpose. The purpose of this section is to establish the
continuing education requirements which a licensee must complete every year
for the renewal of a regular license. These requirements are intended to maintain
and improve the quality of professional services in fitting and dispensing
of hearing instruments provided to the public and to keep the licensee knowledgeable
of current research, techniques and practices, and to provide other resources
which will improve skill and competence in the fitting and dispensing of hearing
instruments.
(b)
General requirements. The committee shall require that
a fitter and dispenser licensed under Texas Occupations Code, Chapter 402,
(Act) and this chapter, complete 20 contact hours of continuing education
each year. For purposes of this section:
(1)
each year runs concurrently with the effective date of
a license issued under the Act and this chapter;
(2)
a contact hour shall be 55 minutes of attendance; and
(3)
no more than 5 contact hours of the 20 contact hours required
may be obtained from a course sponsored by a manufacturer.
(c)
Exemption by examination. A licensee may take the state
examination given by the committee or its designee, upon written request to
the committee. A licensee who pays the examination fee and passes the examination
shall be exempt from the continuing education requirement for the year that
the test is taken.
(d)
Credit hours for publications. A licensee may be credited
with continuing education credit hours for a published book or article written
by the licensee that contributes to the licensee's professional competence.
(1)
No more than five credit hours for preparation of a publication
may be claimed by a licensed holder in an annual reporting period.
(2)
The continuing education subcommittee may grant credit
hours based on the degree that the published book or article advanced knowledge
regarding the fitting and dispensing of hearing instruments.
(e)
Noncompliance. A licensee who has not complied with the
continuing education requirements of this section may not be issued a renewal
license unless the licensee:
(1)
has served in the regular armed forces of the United Stated
during any part of the 12 months before the annual reporting date;
(2)
submits proof from an attending physician that the licensee
suffered a serious disabling illness or physical disability that prevented
compliance with the requirements of this section during the 12 months before
the annual reporting date; or
(3)
was licensed for the first time during the 12 months before
the annual reporting date.
(f)
Attendance. A licensee shall provide written proof of attendance
and completion of an approved course on a form prescribed by the committee.
(g)
Renewal period for continuing education. Continuing education
requirements for renewal shall begin on the first day of a licensee's renewal
year and end on the last day of the licensee's renewal year.
(h)
Course categories. Continuing education shall be acceptable
if the education falls in one or more the following categories:
(1)
participation in those sections of programs (e.g., institutes,
seminars, workshops, and conferences) which are designed to increase professional
knowledge related to the practice of fitting and dispensing of hearing instrument
and are conducted by persons qualified within their respective professions
by appropriate state license or certification where state licensure or certification
exists, or in states outside of Texas where licensure or certification does
not exist by completion of a degree in audiology or a related field and certification
by their respective professional associations if such certification exists;
(2)
completion of academic courses at an accredited institution
in areas supporting development of skills and competence in the fitting and
dispensing of hearing instruments; and
(3)
participation or teaching in programs directly related
to the fitting and dispensing of hearing instruments (e.g., institutes, seminars,
workshops, or conferences) which are approved or offered by an accredited
college or university.
(i)
Requests for credit. Individuals and organizations may
initiate requests for committee approval and hour credit of specific programs
for continuing education credit at least 30 days prior to the first scheduled
presentation.
(1)
Each licensee is responsible for providing the information
necessary for the committee to make a determination of the applicability of
the program to the continuing education requirements.
(2)
The committee is responsible for approving individual continuing
education courses. The committee may approve an institute, agency, organization,
association, or individual as a continuing education sponsor of continuing
education units who pay the continuing education sponsor fee. This will permit
the organizations to provide continuing education units for their fitting
and dispensing of hearing instrument courses, seminars and conferences. Any
organization or individual who meets the required criteria may advertise as
approved sponsors of continuing education for licensed fitters and dispensers
of hearing instruments.
(3)
Sponsors may initiate their own requests and when approval
is obtained, shall announce, prior to the commencement of the continuing education
activity, the number of hours approved and the content of the continuing education
activity as submitted and pre-approved by the committee. When approval is
requested by a sponsor, the sponsor shall provide each participant with written
documentation of participation which shall set forth that participant's name,
the number of approved continuing education hours, the title and date(s) of
the program as approved by the committee, and the signature of the sponsor.
(4)
Sponsors shall pay a continuing education sponsor fee as
set out in §141.6 of this title (relating to Application Procedures)
which will be effective for one year from date of receipt.
(j)
Evaluation of continuing education programs. Each continuing
education program submitted by a licensee or approved sponsor will be evaluated
on the basis of the following criteria:
(1)
relevance of the subject matter to increase or support
the development of skills and competence in the fitting and dispensing of
hearing instruments or in areas of studies or disciplines related to fitting
and dispensing of hearing instruments;
(2)
objectives of specific information and skills to be learned;
(3)
subject matter, educational methods, materials, and facilities
utilized, including the frequency and duration of sessions, and the adequacy
to implement learner objectives; and
(4)
sponsorship and leadership of program including:
(A)
the name of the sponsoring individual(s) or organization(s);
(B)
program leaders, if different from sponsor(s); and
(C)
contact person if different from the preceding.
(k)
Academic requirements. Completion of academic work shall
be in accordance with subsection (j) of this section. Official transcripts
from accredited school showing completion of hours in appropriate areas for
which the licensee received at least a passing grade is required.
(l)
Approved credit. The committee shall credit continuing
education experience as follows.
(1)
Parts of programs which meet the criteria of this section
shall be credited on a one-for-one basis with one contact hour of credit for
each 55 minutes spent in the continuing education activity.
(2)
Teaching in programs which meet the committee's criteria
as set out in this section shall be credited on the basis of one clock-hour
of credit for one contact hour taught plus two contact hour credits for preparation
for each hour taught. No more than 10 of the 20 hours of required continuing
education can be credited under this option, and credit may be granted for
the same presentation or program not more than twice during any continuing
education period. The remaining hours of continuing education required in
each renewal period must be obtained under another of the available options
in accordance with paragraphs (1) or (3) of this subsection.
(3)
Completion of academic work at an institution which meets
the accreditation standards acceptable to the committee shall be credited
on the basis of 15 contact hours of credit for each semester hour, 10 contact
hours of credit for each quarter hour completed and for which a passing grade
was received as evidenced on an official transcript.
(m)
Reporting. The requirements for reporting continuing education
shall be as follows.
(1)
A licensee may submit the required report at renewal time.
Continuing education must be reported and approved prior to renewal at the
end of the renewal period. Each licensee is responsible for ensuring that
the committee receives timely notice of the licensee's completion of continuing
education activities.
(2)
Each report must be accompanied by appropriate documentation
of the continuing education claimed on the report as follows:
(A)
for a program attended, signed certification by a program
leader or instructor of the licensee's participation in the program by certificate,
letter or letterhead of the sponsoring agency, or official continuing education
validation form of the sponsoring agency;
(B)
for teaching or consultation in approved programs, a letter
on the sponsoring agency's letterhead giving the name of the program, location,
dates, and subjects taught and indicating total clock-hours credited;
(C)
for completion of work from accredited schools, an official
transcript showing course credit with at least a passing grade; or
(D)
for official verification of a course at a regionally accredited
academic institution, a letter from the dean of the academic institution or
professor which includes the actual number of clock-hours attended.
(n)
Disapproved credit. The committee will not give continuing
education credit to any licensee for:
(1)
education incidental to the regular professional activities
of a licensee such as knowledge gained through experience or research;
(2)
organization activity such as serving on committees or
councils or as an officer in a professional organization; and
(3)
any program which does not fit the types of acceptable
continuing education in this section.
(o)
Mandatory continuing education. The mandatory five of the
20 required continuing education hours will be conveyed in the committee newsletter
and renewal packet.
§141.23.Relevant Factors.
When a licensee has violated the Act or this chapter, three general
factors combine to determine the appropriate sanction which include: the culpability
of the licensee; the harm caused or posed; and the requisite deterrence. It
is the responsibility of the licensee to bring exonerating factors to the
attention of the complaint subcommittee or administrative law judge. Specific
factors are to be considered as set forth herein.
(1)
Seriousness of Violation. The following factors are identified:
(A)
the nature of the harm caused, or the risk posed, to the
health, safety and welfare of the public, such as emotional, physical, or
financial;
(B)
the extent of the harm caused, or the risk posed, to the
health, safety and welfare of the public, such as whether the harm is low,
moderate or severe, and the number of persons harmed or exposed to risk; and
(C)
the frequency and time-periods covered by the violations,
such as whether there were multiple violations, or a single violation, and
the period of time over which the violations occurred.
(2)
Nature of the violation. The following factors are identified:
(A)
the culpability of the licensee, such as whether the violation
was:
(i)
intentional or premeditated;
(ii)
due to blatant disregard or gross neglect; or
(iii)
resulted from simple error or inadvertence; and
(B)
the extent to which the violation evidences a lack of integrity,
trustworthiness, or honesty.
(3)
Personal Accountability. The following factors are identified:
(A)
admission of wrong or error, and acceptance of responsibility;
(B)
appropriate degree of remorse or concern;
(C)
efforts to ameliorate the harm or make restitution;
(D)
efforts to ensure future violations do not occur; and
(E)
cooperation with any investigation or request for information.
(4)
Deterrence. The following factors are identified:
(A)
the sanction required to deter future similar violation
by the licensee;
(B)
sanctions necessary to ensure compliance by the licensee
of other provisions of the Act or this chapter; and
(C)
sanctions necessary to deter other licensees from such
violations.
(5)
Miscellaneous Factors. The following factors are identified:
(A)
presence or absence of prior or subsequent violations;
(B)
conduct and work activity prior to and following the violation;
(C)
character references; and
(D)
any other factors justice may require.
§141.24.Severity Level and Sanction Guide.
The following severity levels and sanction guides are based on the
relevant factors in §141.23 of this title (relating to Relevant Factors).
(1)
Level One - revocation of license. These violations evidence
intentional or gross misconduct on the part of the licensee and/or cause or
pose a high degree of harm to the public and/or may require severe punishment
as a deterrent to the licensee, or other licensees. The fact that a license
is ordered revoked does not necessarily mean the licensee can never regain
licensure.
(2)
Level Two - extended suspension of license. These violations
involve less misconduct, harm, or need for deterrence than Level One violations,
but may require termination of licensure for a period of not less than one
year.
(3)
Level Three - moderate suspension of license. These violations
are less serious than Level Two violations, but may require termination of
licensure for a period of time less than a year.
(4)
Level Four - probated suspension of licensure. These violations
do not involve enough harm, misconduct, or need for deterrence to warrant
termination of licensure, yet are severe enough to warrant monitoring of the
licensee to ensure future compliance. Probationary terms may be ordered as
appropriate.
(5)
Level Five - reprimand. These violations involve inadvertent
or relatively minor misconduct and/or rule violations not directly involving
the health, safety and welfare of the public.
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 March 3, 2003.
TRD-200301514
Michael Shobe
Chairman
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Effective date: March 23, 2003
Proposal publication date: September 20, 2002
For further information, please call: (512) 458-7236
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter E. REQUIREMENTS FOR LICENSURE
Part 23.
TEXAS REAL ESTATE COMMISSION