TDLR Administration

Hearing Instrument Fitters and Dispensers Penalties and Sanctions

Hearing Instrument Fitters and Dispensers (HIFD)

Texas Occupations Code, Chapter 402

16 Texas Administration Code, Chapter 112

Class A:

Penalty Range, Up to $1,000

Administrative Violations

Failed to file a surety bond with the Department - 112.60; 402.404
Failed to notify the Department in writing within thirty (30) days of a change in name, address, telephone number or employment - 112.91
Failed to comply with federal regulations adopted by the U.S. Food and Drug Administration - 112.96
Failed to maintain records on every client for five years from the date of last visit - 112.140(d)

Posting and Public Information Violations

Failed to include Department information on the written contract(s) for services - 112.92(1); 402.152(b)
Failed to prominently display a sign containing Department information in the primary place of business - 112.92(2); 402.152(a)
Failed to prominently display hearing instrument fitter and dispenser license in the primary place of business - 112.93; 402.351

Expired License Violations

Engaged in the fitting and dispensing of hearing instruments with an expired license - 112.32(g); 402.201
Acted as an apprentice in hearing instrument fitting and dispensing with an expired permit - 112.42(c); 402.201
Acted as temporary training permit holder in hearing instrument fitting and dispensing with an expired permit - 112.52(c); 402.201

Violations by Temporary Permit Holder

Failed notify the Department within 10 days of an applicant’s transfer of supervision - 112.53(f)

Supervisor Violations

Failed to supervise a temporary training permit holder in an established place of business - 402.255(a)(2)
Supervised more than two temporary training permit holders at one time - 112.53(j); 402.255(e)
Failed to notify the Department within 10 days of an applicant’s termination of supervision - 112.53(e); 402.252(b)(2)

Standard of Care Violations

Failed to ensure adequate sound-level measurement as required - 112.97; 402.353

Class B:

Penalty Range, $1000 to $3000 and/or up to 1 year full suspension

Continuing Education Violations

Falsified copies of certificates, transcripts or other documentation satisfactory to the department, verifying the license holder’s attendance, participation, and completion of continuing education courses - 112.71(b)(2) and (b)(3)

Violations by Temporary Permit Holders

Acted as temporary training permit holder in hearing instrument fitting and dispensing without being supervised by a license holder - 402.256(a); 112.53(a)

Violations by Apprentices

Acted as an apprentice in hearing instrument fitting and dispensing without being supervised by a license holder - 402.207(c); 112.43

Supervisor Violations

Supervised an individual who did not hold a temporary training permit - 112.53(a); 112.53(b)
Supervised a temporary training permit holder without a hearing instrument fitter and dispenser license - 112.53(b); 402.255(a)(1); 402.252(a)
Failed to supervise all work done by a temporary training permit holder - 112.53(b); 402.255(a)(3), (b) and (c)(1); 402.252(b)(1)
Failed to comply with all statutory guidelines and rules while supervising and/or training a temporary permit holder - 402.252(b)(3); 402.254; 402.255; 112.53(b), (g), (h), and (i)
Failed to provide to the permit holder materials and equipment necessary for appropriate audiometric and hearing instrument evaluation and fitting - 402.255(c)(2)
Failed to supplement the permit holder's background information with reading lists and other references - 402.255(c)(3)
Failed to conduct in-service training for the permit holder - 402.255(c)(4)
Failed to act as a consultant to the permit holder by providing time for conferences for the permit holder and providing a variety of resource materials, approaches, and techniques that are based on sound theory, successful practice, or documented research - 402.255(c)(5)
Failed to establish goals with the permit holder that are realistic, easily understandable, and directed toward the successful completion of the training requirements - 402.255(c)(6)
Failed to observe the permit holder during the practicum, confer with the permit holder after the permit holder's contact with clients, and provide an opportunity for comment on the practicum experience in writing or through conferences, during and after the practicum experience - 402.255(c)(7)
Failed to establish that the supervisor is solely responsible for the practicum and daily supervision of the permit holder - 402.255(c)(8)
Failed to know and adhere to state and federal laws relating to hearing instrument fitting and dispensing - 402.255(c)(10)
Failed to assist the permit holder in fulfilling licensing requirements - 402.255(c)(11)
Failed to maintain a log of the contact hours by practicum category on a form prescribed by the department - 112.53(i); 402.255(d)
Failed to sign and notarize the log of contact hours after the temporary training permit holder completed 150 contact hours - 112.53(i); 402.255(d)

Unlicensed Activity

Acted as an apprentice or trained under the supervision of a licensed hearing fitter and dispenser without holding an apprentice or temporary training permit - 402.201; 402.208; 402.251

Standard of Care Violations

Failed to comply with client confidentiality rights within the limits established by the law - 112.98(b) and (c)(2)
Failed to refer a client for those services that the license holder or permit holder is unable to provide - 112.98(b) and (c)(3)
Failed to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) - 112.98(b) and (c)(4)
Failed to ensure that all equipment used is in proper working order and is properly calibrated - 112.98(b) and (c)(5)
Misrepresented his or her professional credentials and/or qualifications - 112.98(b) and (d)(3)
Failed to follow guidelines for the 30-day trial period - 112.140(b)
Sold a hearing instrument to a person under 18 years of age without a parent or guardian presenting a required written approval signed by a licensed physician specializing in diseases of the ear - 402.402

Prohibited Practice

Failed to clearly disclose name, business address and the purpose of the communication when making a telephone solicitation - 402.451(b)(1); 112.98(b)
Used or purchased for use a list of names of potential customers compiled by telephone by a person other than the license or permit holder, the license or permit holder's authorized agent, or another license or permit holder - 402.451(b)(2); 112.98(b)
Advertised a manufacturer's product or uses a manufacturer's name or trademark in a way that implies a relationship between a license or permit holder and a manufacturer that does not exist - 402.501(20)

Standard of Care - Telepractice Violations

Rendered telehealth services without first being authorized to do so by the Department - 112.150(c)
Used inappropriate telecommunication technology to provide telehealth services - 112.150(d)
Failed to monitor the client and oversee and direct the facilitator at all times during the telehealth session - 112.150(f)
Failed to verify and document the facilitator's qualifications, training, and competence prior to allowing the facilitator to assist with rendering telehealth services - 112.150(g)
Allowed facilitator to perform tasks at the client site not approved by the Department - 112.150(h)
Rendered telehealth services to a client without a qualified facilitator when a facilitator was required to ensure safe and effective service to the client - 112.150(i)
Provided telehealth service when telecommunications technology and equipment at client site were inadequate to allow quality fitting and dispensing services - 112.150(k)
Failed to provide professional services during a telehealth session as in person at a physical location - 112.150(j) and (l)
Failed to comply with all laws, rules, and regulations governing the maintenance of client records, including client confidentiality requirements regarding telehealth services - 112.150(m)

Class C:

Penalty Range, $1000 to $5000 and/or up to revocation

Contract Violations

Failed to provide client with a written contract that contains the required information upon the sale or change of a hearing instrument - 112.140(c); 402.403

Standard of Care Violations

Failed to try to obtain required information on each prospective candidate for amplification - 112.95; 402.352
Offered services that are outside the scope of his or her professional competency - 112.98(b) and (c)(1)
Performed an act that requires a license from the Texas Optometry Board or the Texas Medical Board - 402.451(b)(3)
Treated the ear in any manner for any defect or administer any drug or physical treatment without holding a physician’s license issued by the Texas Medical Board - 402.453(a); 112.98(b)

Professional Conduct Violations

Made a material misstatement in furnishing information to the Department or to another state or federal agency - 402.501(1)
Convicted of a felony or misdemeanor that includes dishonesty as an essential element or of a crime directly related to the practice of fitting and dispensing hearing instruments - 402.501(3)
Aided or assisted another person in violating a Law or Rule - 402.501(6)
Failed to provide information in response to a written request made by the department within 60 days - 402.501(7)
Knowingly employed, hired, procured, or induced an unlicensed person to fit and dispense hearing instruments - 402.501(8)
Aided an unlicensed person in the fitting or dispensing of hearing instruments - 402.501(9)
Received from a person a fee, commission, rebate, or other form of compensation for a service not actually provided - 402.501(11)
Violated a term of probation - 402.501(12)
Willfully made or filed a false record or report - 402.501(13)
Has a physical illness that results in the inability to practice the profession with reasonable judgment, skill, or safety, including the deterioration or loss of motor skills through aging - 402.501(14)
Participated in subterfuge or misrepresentation in the fitting or dispensing of a hearing instrument - 402.501(16)
Falsely represented that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of a hearing instrument - 402.501(18)
Falsely used the term "doctor," "audiologist," "clinic," "clinical audiologist," "state licensed," "state certified," "licensed hearing instrument dispenser," "board certified hearing instrument specialist," "hearing instrument specialist," or "certified hearing aid audiologist” - 402.501(19)
Used a term, abbreviation, or symbol that falsely gives the impression that: a service is being provided by a person who is licensed or has been awarded a degree or title - 402.501(19)(A)
Used a term, abbreviation, or symbol that falsely gives the impression that: the person providing a service has been recommended by a government agency or health provider - 402.501(19)(B)
Gave or offered to give, or permitted or caused to be given, money or another thing of value to a person who advises others in a professional capacity as an inducement to influence the person to influence the others to purchase or contract to purchase products sold or offered for sale by the license or permit holder - 402.501(21)(A)
Gave or offered to give, or permitted or caused to be given, money or another thing of value to a person who advises others in a professional capacity as an inducement to influence the person to influence the others to refrain from purchasing or contracting to purchase products sold or offered for sale by another license or permit holder - 402.501(21)(B)
With fraudulent intent fitted and dispensed a hearing instrument under a name, including a false name or alias - 402.501(22)
Did not adequately provide for the service or repair of a hearing instrument fitted and sold by the license holder - 402.501(23)
Violated a regulation of the federal Food and Drug Administration or the Federal Trade Commission relating to hearing instruments - 402.501(24)
Engaged in sexual contact or sexual exploitation with a client - 112.98(b) and (d)(4)
Failed to observe or comply with the hearing fitters code of ethics by falsifying records - 112.98(b) and (d)(1)
Refused to provide services solely on the basis of a client's age, gender, race, color, religion, national origin, or disability - 112.98(b) and (d)(2)
Provided services while impaired due to the use of medication, drugs, or alcohol, or a physical or mental health condition - 112.98(b) and (d)(5)
Altered a license with the intent to defraud - 402.451(a)(2); 112.98(b)
Falsely impersonated a license holder - 402.451(a)(4);
112.98(b)

Advertising Violations

Solicited a service by advertising that is false, misleading or deceptive - 112.94; 402.103; 402.501(15)
Knowingly advertised for sale a model or type of hearing instrument that cannot be purchased - 402.103; 402.501(17); 112.94

Unlicensed Activity

Engaged in the fitting and dispensing of hearing instruments without an appropriate license - 402.201
Represented that he/she is authorized to engage in the fitting and dispensing of hearing instruments without an appropriate license - 402.201
Owned, managed, or independently operated a business that engages in the fitting or sale of hearing instruments holding only a temporary training permit - 402.256(b)(1); 402.201
Advertises or otherwise represented that he/she holds a hearing fitter and dispenser license, while holding only a temporary training permit - 402.256(b)(2); 402.201

Class D:

Penalty Range, $5000 and/or Revocation

Obtained or attempted to obtain a license by fraud, misrepresentation, or concealment of material fact - 60.23(a)(1); 402.451(a)(1); 402.451(a)(3); 402.501(4)
Failed to comply with a previous order of the Commission or Executive Director - 51.353(a); 401.451(a)(1); 112.98(c)(6)
Failed to pay the Department for a dishonored payment or processing fee - 60.82
Interfered with an investigation or disciplinary proceeding by willful misrepresentation or omission of facts - 112.98(b) and (d)(6); 60.23
Acted professionally incompetent or engaged in malpractice or dishonorable, unethical, or unprofessional conduct that likely deceived, defrauded, or harmed the public - 402.501(5)
Habitually intoxicated or addicted to a controlled substance - 402.501(10)
Engaged in the fitting and dispensing of hearing instruments when with a suspended or revoked license - 402.451(a)(5); 112.98(b); 402.501(2)