Relating to the licensing and regulation of hearing instrument fitters and dispensers, the official text

S.B. No. 904

AN ACT

relating to the licensing and regulation of hearing instrument

fitters and dispensers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 401.2021, Occupations Code, is amended

to read as follows:

Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the

assistance of the advisory board [and the Hearing Instrument

Fitters and Dispensers Advisory Board], the commission shall adopt

rules to establish requirements for each sale of a hearing

instrument for purposes of this chapter [and Chapter 402]. The

rules must:

(1) address:

(A) the information and other provisions

required in each written contract for the purchase of a hearing

instrument;

(B) records that must be retained under this

chapter [or Chapter 402]; and

(C) guidelines for the 30-day trial period during

which a person may cancel the purchase of a hearing instrument; and

(2) require that the written contract and 30-day trial

period information provided to a purchaser of a hearing instrument

be in plain language designed to be easily understood by the average

consumer.

SECTION 2. Section 402.1021, Occupations Code, is amended

to read as follows:

Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the

assistance of the advisory board [and the Speech-Language

Pathologists and Audiologists Advisory Board], the commission

shall adopt rules to establish requirements for each sale of a

hearing instrument for purposes of this chapter [and Chapter 401].

The rules must:

(1) address:

(A) the information and other provisions

required in each written contract for the purchase of a hearing

instrument;

(B) records that must be retained under this

chapter [or Chapter 401]; and

(C) guidelines for the 30-day trial period during

which a person may cancel the purchase of a hearing instrument; and

(2) require that the written contract and 30-day trial

period information provided to a purchaser of a hearing instrument

be in plain language designed to be easily understood by the average

consumer.

SECTION 3. Section 402.305, Occupations Code, is amended to

read as follows:

Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The

department may renew the license of a license holder who does not

comply with the applicable continuing education requirements if the

license holder[:

[(1) was licensed for the first time during the 24

months before the reporting date; or

[(2)] submits proof from an attending physician that

the license holder suffered a serious or disabling illness or

physical disability that prevented compliance with the continuing

education requirements during the 24 months before the reporting

date.

SECTION 4. Section 402.402(a), Occupations Code, is amended

to read as follows:

(a) A licensed hearing instrument fitter and dispenser may

not sell a hearing instrument to a person under 18 years of age

unless the prospective user or a parent or guardian of the

prospective user has presented to the hearing instrument fitter and

dispenser a written statement, signed by a licensed physician

[specializing in diseases of the ear], that states that the

patient's hearing loss has been medically evaluated and that the

patient may be considered a candidate for a hearing instrument.

Whenever practicable, the medical evaluation should be performed by

a licensed physician who specializes in diseases of the ear.

SECTION 5. Section 402.402(a), Occupations Code, as amended

by this Act, applies only to conduct that occurs on or after the

effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose.

SECTION 6. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 904 passed the Senate on

May 1, 2025, by the following vote: Yeas 28, Nays 3; and that the

Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 28, Nays 3.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 904 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 124,

Nays 17, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor