Hearing Instrument Fitters and Dispensers
Military Service Members, Veterans, and Spouses - For more information about obtaining a TDLR license or renewing a TDLR license that expired while serving on active duty, please go to the Military Outreach home page.
Sign up to receive Hearing Instrument Fitters and Dispensers e-mail updates - You will receive notices about rules, the law, fees, examination requirements, meetings and more. E-mail updates are the best way for you to stay informed.
The Hearing Instrument Fitters and Dispensers Advisory Board met January 11 in Austin. The agenda and the staff reports are available online. The meeting was archived and is available on TDLR's YouTube channel
- Notice of Board Vacancies
- Health Professions Transition FAQs
- Repeal of Chapter 144 administrative rules
Notice of Vacancies on Hearing Instrument Fitters and Dispensers Advisory Board
TDLR announces three vacancies on the Hearing Instrument Fitters and Dispensers Advisory Board (Board) established by Texas Occupations Code, Chapter 402. The purpose of the Hearing Instrument Fitters and Dispensers Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration of this chapter. This announcement is for a physician specializing in the practice of otolaryngology and two public members.
The Board consists of the following nine members appointed by the presiding officer of the Texas Commission of Licensing and Regulation (Commission), with the approval of the Commission:
(1) six members licensed under this chapter who have been residents of this state actually engaged in fitting and dispensing hearing instruments for at least five years preceding appointment, not more than one of whom may be licensed under Chapter 401;
(2) one member who is actively practicing as a physician licensed by the Texas Medical Board and who:
(A) has been a resident of this state for at least two years preceding appointment;
(B) is a citizen of the United States; and
(C) specializes in the practice of otolaryngology; and
(3) two members of the public.
Members serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year
Issued in Austin, Texas on October 19, 2016.
Texas Department of Licensing and Regulation
Health Professions Transition FAQs
1. When did the transfer happen?
The Texas Department of Licensing and Regulation (TDLR) assumed all activities relating to the Athletic Trainers program - including licenses and renewals, customer service and enforcement - on October 3, 2016.
2. Now that the transfer is complete, will I need to get a new license issued by TDLR?
No. The license you have now - issued by the Texas Department of State Health Services (DSHS) - remains valid until its expiration date. When you renew, you will receive a TDLR license.
3. Have the rules changed?
Yes, TDLR adopted rules for all of the transferred programs. Most of the newly adopted rules are very similar, but some changes have been made. The TDLR health profession rules became effective on October 1, 2016. View the rule changes and links to the TDLR rules
4. What is going to happen with open complaints and cases?
If you filed a complaint with DSHS or had a complaint filed against your license and it was not resolved by the transfer date, TDLR assumed responsibility for the case. You should have already received notification by mail that your complaint was transferred to TDLR.
5. I was fingerprinted for my DSHS license. Do I have to be fingerprinted again?
No, you do not need to be fingerprinted again.
6. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates - Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings - TDLR’s advisory board and Commission meetings are available to watch online live or later at your convenience.
- Facebook and Twitter - TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.
7. Why was my license expiration date extended - Will I have the same expiration date in the future?
To ease the transition, DSHS extended the expiration date by two months for licenses previously set to expire in August, September, and October 2016. For example, if your original expiration date was September 30, your new expiration date is November 30. If your license was extended, you will continue to renew your license in the new expiration month in the future.
8. Will I have to renew on a different schedule?
You will renew on the same schedule unless your license expired in August, September or October 2016. Licenses expiring in those months were extended for two months to ease the transition from DSHS to TDLR. If your license was extended, you will now renew in your new expiration month for future renewals. Your license expiration date will not return to your original expiration month.
9. Why were licensing programs transferred from DSHS to TDLR?
The transfer is the result of a change to Texas law. In 2015, the Texas Legislature passed Senate Bill 202, which transferred several licensing programs from the DSHS to TDLR.
Repeal of Chapter 144 administrative rules
JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
General Provisions for Hearing Instrument Fitters and Dispensers Program
16 TAC Chapter 144, repeal of §§144.1 - 144.31
The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 144, §§144.1 - 144.31, regarding the Hearing Instrument Fitters and Dispensers program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8241). The repeal will not be republished.
The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.
On April 13, 2016, the Commission adopted its own set of rules for the Hearing Instrument Fitters and Dispensers program located at 16 TAC Chapter 112. The Commission’s rules were effective October 1, 2016. (41 TexReg 4458). The Department officially commenced all regulatory functions for the Hearing Instrument Fitters and Dispensers program on October 3, 2016.
The current 16 TAC Chapter 144 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 141. The adopted repeal is necessary to complete the implementation of S.B. 202.
The adopted repeal of §§144.1 - 144.31 eliminates industry and public confusion by removing duplicate and obsolete rules for the Hearing Instrument Fitters and Dispensers program.
The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8241). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.
At its meeting on January 27, 2017, the Commission adopted the proposed repeal.
The repeal is adopted under Texas Occupations Code, Chapters 51, 402 and 401 as applicable, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 402 and 401 as applicable. No other statutes, articles, or codes are affected by the adoption.
[§144.3. The Committee.]
[§144.4. Licensees and the Committee.]
[§144.5. Consumer Information and Display of License.]
[§144.6. Application Procedures.]
[§144.7. Processing Procedures.]
[§144.8. Issuance of Permits.]
[§144.9. Issuance of Licenses.]
[§144.10. Application By License Holder From Another State.]
[§144.11. Filing of Bond.]
[§144.12. Surrender of a License or Permit.]
[§144.13. Renewal of License.]
[§144.14. Continuing Education Requirements.]
[§144.16. Conditions of Sales.]
[§144.17. Complaints and Violations.]
[§144.18. Formal Hearings.]
[§144.19. Administrative Penalties.]
[§144.20. Informal Disposition.]
[§144.21. Suspension of License Relating to Child Support and Child Custody Orders.]
[§144.22. Code of Ethics.]
[§144.23. Relevant Factors.]
[§144.24. Severity Level and Sanction Guide.]
[§144.25. Request for Criminal History Evaluation Letter.]
[§144.26. Criminal History Record Information Requirement for License or Permit Issuance.]
[§144.27. Criminal History Record Information Requirement for License Renewal.]
[§144.28. Licensing of Military Service Members, Military Veterans, and Military Spouses.]
[§144.29. Joint Rule Regarding the Sale of Hearing Instruments.]
[§144.30. Joint Rule Regarding the Fitting and Dispensing of Hearing Instruments by Telepractice.]
[§144.31. Petition for Adoption of a Rule.]
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 February 7, 2017.
Brian E. Francis
Texas Department of Licensing and Regulation
On October 14, 2015, the Texas Commission of Licensing and Regulation voted unanimously to appoint six members to the Hearing Instrument Fitters and Dispensers Advisory Board:
- Hearing Instrument Fitter/Dispenser: Jackie Cooper, Spring, Texas. Term expires 2/1/2017.
- Hearing Instrument Fitter/Dispenser: Richard Davila, II, Lubbock, Texas. Term expires 2/1/2019.
- Hearing Instrument Fitter/Dispenser: Gary Haun, San Angelo, Texas. Term expires 2/1/2017.
- Hearing Instrument Fitter/Dispenser: Benjamin Norris (Presiding Officer), Elm Mott, Texas. Term expires 2/1/2021.
- Hearing Instrument Fitter/Dispenser: Jesus Rangel, Longview, Texas. Term expires 2/1/2021.
- Hearing Instrument Fitter/Dispenser: Amy Trost, Seguin, Texas. Term expires 2/1/2019.
One licensed physician position and two public member positions are vacant at this time. If you are interested in serving in the licensed physician position (note requirements) or in a public member position of the Advisory Board, please apply online.