Hon. John F. Boff Opinion No. E-636
Executive Director
Board of Examiners in the Re: Questions relating to sales
Fitting & Dispensing of of hearing aids and licensing
Hearing Aids of persons to fit and dis-
1212 Guadalupe pense hearing aids.
Austin, Texas 78701
Dear Mr. Boff:
You have requested the opinion of this office regarding the
following two specific questions:
“1. Can the Board require the serial number
of the hearing aid being sold to a customer be
included in the necessary information on the sales
receipt?
"2 . Is a Factory Representative, who lives
either within or outside of the State of Texas en-
titled to a license to fit and dispense hearing
aids in the State of Texas?"
In connection with your first question, we quote the follow-
ing from Section 1.14, Article 4566, Vernon's Civil Statutes:
"(b) Every licensee shall deliver to each
person supplied with a hearing aid, by the licensee
or under his direction, a bill of sale which shall
contain his signature, his printed name, the address
of his principal office, the number of his license,
a description of the make and model of the hearinq aid
furnished and the amount charged therefor, and whether
the hearing aid is new, used or rebuilt." (Emphasis
added.)
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Hon. John F. Boff, page 2 (M-636)
In answering your question, we assume that the use of
serial numbers is customary practice in the industry. If this be
true, there is no question but that the serial number is a proper
element of "a description of the make and model of the hearing
aid furnished", and that the Board has the authority to require
that the serial number be recorded on the bill of sale.,
With regard to your second question, the following is
quoted from Article 4566, Section 1,OC:
"(a) Every person desiring to engage in fitting
and dispensing hearing aids in the State of Texas
shall be required to pass an examination given by
the Texas Board of Examiners in the Fitting and Dis-
pensing of Hearing Aids.
"(b) The applicant shall make application, furnish-
ing to the Secretary-Treasurer of the Board on forms to
be furnished by the Board, sworn evidence that he has
attained the age of 18,years, is of good moral character,
is free of contagious or infectious disease, and has
graduated from an accredited high school or equivalent,
and such other information as the Board may deem
necessary for the enforcement of this Act.
"(c) The examination shall consist of written,
oral or practical tests in the following areas as they
pertain to the fitting and dispensing of hearing aids,
to-wit:
(1) Basic physics of sound:
(2) The structure and function of hearing aids:
(3) Fitting of hearing aids:
(4) Pure tone audiometry, including air conduction
testing and bone conduction testing;
(5) Live voice and/or record voice speech audiometry:
(6) Masking when indicated:
(7) Recording and evaluation of audiograms and speech
audiometry to determine the hearing aid candidacy;
(8) Selection and adaption of hearing aids and testing
of hearing aids: and
(9) Taking of earmold impressions.
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Hon. John F. Boff, page 3 (M-636)
"(d) No part of the examination shall consist
of tests requiring knowledge of the diagnosis and/or
treatment of any disease or injury to the human body.
"(e) Each applicant shall be given due notice of
the date and place of the examination and the subjects,
areas, and/or skills that will be included within such
examination, and there shall be no changes in said
subjects, areas, and/or skills after the date of the
examination has been announced and publicized nor shall
there be more than one change or group of changes in
any one calendar year. All examinations shall be
conducted in writing and by such other means as the Board
shall determine adequate to ascertain the qualifications
of applicants. All applicants examined during a given
calendar year shall be given the same examination.
Every applicant successfully passinq the examination
and meetinq all the requirements of this Act shall be
resistered by the Board as possessinq the qualifications
required by this Act and shall receive from the Board a
.license to fit and dispense hearinq aids inthis state."
(Emphasis added.)
We note that the only exception to the requirements set
forth above are to be found in Sections 1.07 and 1.08 of
Article 4566. These two exceptions permit reciprocity with
other states which license this particular activity, and permit
the licensing of individuals who have practiced the fitting and
dispensing of hearing aids for a certain period prior to the
effective date of Article 4566. Section 1.07; which is the
so-called'"grandfather clause" permits the licensing of any
person who meets certain requirements not pertinent to this
opinion, and "has been engaged in fitting and dispensing hearing
aids in the United States of America for a period of at least
one year immediately prior to the effective date of this Act."
A careful examination of Article 4566 reveals that no
residence requirement has been made in any part of the statute.
You are therefore advised that it is the opinion of this office
that any person, wherever resident, who can satisfy the examina-
tion requirements set forth in Section 1.06 of Article 4566 is
entitled to a license to fit and dispense hearing aids in the
State of Texas.
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Hon. John F. Boff, page 4 (M-636)
SUMMARY
Assuming that the use of serial numbers
is customary practice in the hearing aid in-
dustry, such serial number is a proper element
of a description of the make and model of the
hearing aid furnished, and the Board of
Examiners in the Fitting and Dispensing of
Hearing Aids has the authority to require that
such serial numbers be recorded on the bill of
sale, under Article 4566, V.C.S.
Any person, wherever resident, who cqn
satisfy the examination requirements set forth
in Section 1.06 of Article 4566, V.C.S., or
qualifies under the grand-father clause or
reciprocity provisions is entitled to allicense
to fit and dispense hearing aids in the State of
Texas.
Ve#&ruly yours,
Attor@y General of Texas
Prepared by Malcolm L. Quick
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Austin Bray
Sarah Phillips
Fisher Tyler
James Mabry
MEADE F. GRIFFIN
Staff Legal Assistant
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Hon. John F. Boff, page 5(M-636)
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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