Hearing Instrument Fitters and Dispensers

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News and Updates

Summary of Proposed Rule Changes

September 11, 2023

The Texas Department of Licensing and Regulation proposes changes to the rules at 16 TAC, Chapter 112, Hearing Instrument Fitters and Dispensers. For information on the proposed rule changes and how you can submit public comments, please see the documents below:

The Department will accept comments on the proposed rule changes until October 23, 2023.

Fingerprint Information

July 18, 2023

Fingerprints provided for YOUR TDLR application shall be used to check criminal history records of the Texas Department of Public Safety and the Federal Bureau of Investigation, in accordance with applicable statutes.

NOTE: Do NOT schedule an appointment for fingerprinting until after you have filed your license application. All the information you need to schedule your fingerprint appointment will be sent to you after you apply.

FINGERPRINTS SUBMITTED ELECTRONICALLY TO DPS: The DPS has entered into an exclusive contract with IDEMIA to provide statewide electronic fingerprinting through DPS Fingerprint Applicant Services of Texas (FAST) locations operated by IdentoGO. FAST is available by scheduling an appointment on-line at IdentoGO or by calling

1-888-467-2080. DPS FAST locations operated by IdentoGO are committed to a 98% classifiable rate, which means quality prints, less rejections, and quick responses.

1. Scheduling your fingerprint appointment

FAST is available by scheduling an appointment on-line at IdentoGO or by calling 1-888-467-2080.

When Scheduling Online:

  1. Have the Texas Fingerprint Service Code. If you do not know your service code, contact TDLR via webform here or at (512) 463-6599 or (800) 803-9202.
  2. Select Schedule or Manage Appointment and follow the prompts to enter “Essential Info” on the initial registration page.
  3. Next, you will be asked to enter your “Agency Assigned Applicant Number.” This Agency Identifier is your unique TDLR Entity/ID Number. You must enter “LS-” before typing your TDLR Entity/ID Number.

    If you are applying for a license for the first time, you can obtain your TDLR Entity/ID Number:

    • in the body of the email you received after you submitted your application through the Online Licensing Services system;
    • on the Request for Information letter that you receive to notify you that you must complete the fingerprinting process; or
    • by contacting TDLR via webform here or at (512) 463-6599 or (800) 803-9202.

    If you are already licensed and need to resubmit your fingerprints, you can obtain your TDLR Entity/ID Number:

    • in the body of the email you received after you renewed through the Online Licensing Services system;
    • on your renewal notice postcard sent to you 30 days prior to your license expiration; or
    • by contacting TDLR via webform here or at (512) 463-6599 or (800) 803-9202.

  4. Complete all other personal identifying information as instructed.
  5. Select the location nearest to you and a convenient date and

When Scheduling Over the Phone:

  1. Have the Texas Fingerprint Service Code before calling. If you do not know your service code, contact TDLR via webform here or at (512) 463-6599 or (800) 803-9202.
  2. IDEMIA will prompt you for the service code.
  3. The call center operator will ask you for your demographic information, i.e. Date of Birth, Sex, Race, Ethnicity, Height, Weight, Eye Color, Hair Color, Place of Birth and Home Address.
  4. You will be asked for your Agency Identifier as part of the registration process. This Agency Identifier is your unique TDLR Entity/ID Number. Please see item (c) above in the “When Scheduling Online” section regarding where to locate your Agency Assigned Applicant Number.
  5. You will select the location nearest to you for your fingerprint appointment.

2. Your Fingerprint Appointment:

  1. Arrive at your scheduled appointment with your photo identification and fee payment.
  2. If you plan on bringing a form of identification other than a valid (unexpired) TX Driver License, please refer to the Department of Public Safety’s acceptable document types here:
    http://www.dps.texas.gov/administration/crime_records/docs/ProveIdForFingerprinting.pdf
  3. IDEMIA accepts Visa/MasterCard/Discover/American Express, business checks, money orders and coupon codes (employer accounts) at the time of service. Please note that personal checks and cash will not be accepted.
  4. Your fingerprints will be submitted electronically to DPS and the FBI. You will not receive a printed fingerprint card.
  5. At the conclusion of your appointment, the IDEMIA enrollment agent will provide you with an IdentoGO receipt stating that you were fingerprinted. Do not throw away the receipt. You may be asked to submit it to TDLR for record location purposes.
  6. You may check status on your submission by clicking on this link: IdentoGO

FINGERPRINTS SUBMITTED BY MAIL THROUGH IDEMIA:

Contact IDEMIA by telephone to submit fingerprints by mail.

Telephone Registration:

  1. Contact IDEMIA at 1-888-467-2080.
  2. Have the TX Fingerprint Service Code before you call. If you do not know your service code, contact TDLR via webform here or at (512) 463-6599 or (800) 803-9202.
  3. IDEMIA will prompt you for the Service Code.
  4. Inform the IDEMIA representative that you wish to enroll for a card by mail.
  5. IDEMIA will prompt you for all required information and will guide you through the rest of the process.

PAY BY CREDIT CARD, BUSINESS CHECK OR MONEY ORDER:

During your registration, you will be provided an opportunity to make your payment by credit card or to elect to mail in your payment by business check or money order made out to IDEMIA with your submission.

No personal checks will be accepted.

The cost for obtaining an ink card may vary and is not included in the fingerprint registration process or fee.

Cards must be mailed to the vendor.

Senate Bill 2017 Enacted

July 7, 2023

Senate Bill 2017 by Senator Judith Zaffirini was passed by the Texas Legislature during the 88th Legislative Session. The bill was signed into law by Governor Greg Abbott on June 18, 2023. SB 2017 amends current law relating to the regulation of hearing aids and the practices of audiology and the fitting and dispensing of hearing instruments. Specifically, SB 2017 aligns Texas law with federal law to eliminate confusion on who can sell a hearing instrument.

Background: On October 17, 2022, the U.S. Food and Drug Administration created an over-the-counter category of hearing instruments and issued guidance on the regulatory requirements for those products. Under state law, these over-the-counter devices would have met the definition of "hearing instruments," requiring a license to sell the devices. Consequently, prior to the enactment of SB 2017, state law conflicted with federal regulations.

SB 2017 directs the Texas Commission of Licensing and Regulation to adopt rules prescribing the information required to be included in relation to contracts and signage no later than December 1, 2023. Over the coming months, TDLR staff and advisory boards will develop rule language for adoption by this date.

Please be sure to subscribe to TDLR email updates to stay informed about opportunities for public input and comment related to these rules, including upcoming advisory board meetings, Commission meetings, and rule publications.

TDLR Health Monitor – June 2023 Edition

June 23, 2023

Articles in the June 2023 edition of The Health Monitor include updates on:

  • New Fingerprints May Be Required For Some Licensees
  • New Opioid CME Requirements For Prescribers
  • Laser Hair Removal Penalty Matrix Adopted
  • Texas Massage Therapist Exam Now Available In Simplified Chinese

Call for Subject Matter Experts

TDLR is seeking subject matter experts (SMEs) to assist our Enforcement Division with complaint case reviews. SMEs review complaint cases, generally involving standard of care issues, during the investigation stage of the enforcement process.

We currently have a shortage of Behavior Analyst, Hearing Instrument Fitters and Dispensers, Podiatrist, and Speech-Language Pathologist SMEs.

If you are interested in becoming a SME, please complete the Expert Witness Application. Once the application is submitted, you will receive a questionnaire to complete and return. Documents are screened and contracts are issued to approved SMEs.

All SMEs receive training on their role in reviewing complaint cases. Tasks may include the following:

  • Reviewing documents and statements collected by investigators.
  • Writing a report stating an opinion as to whether the respondent violated a rule or law in the provision of care to a client.
  • Answering specific questions from the prosecutor about the case.
  • Testifying as a witness for TDLR at hearings.

Our mission is to protect the citizens of Texas and the hard-working members of your profession. We cannot do that without your specialized knowledge of the complexities of your profession. Please consider becoming a SME today.

FDA Rules for Over-the-Counter Category of Hearing Instruments Now in Effect

October 25, 2022

Hearing instruments or hearing aids are regulated at the federal level as medical devices by the U.S. Food and Drug Administration (FDA). Changes have been made at the federal level to create an over-the-counter category of hearing instruments (hearing aids), and the FDA rules implementing these changes are now in effect.

In August 2017, the U.S. Congress passed the FDA Reauthorization Act of 2017, which in part defined “over-the-counter hearing aid,” required the FDA to establish a category of over-the-counter (OTC) hearing aids, and specified certain requirements that must be included in the FDA regulations. On October 20, 2021, the FDA published proposed regulations for public comment. These proposed regulations established the OTC category and realigned other regulations for hearing aids.

The FDA published the final regulationsin the Federal Register (87 FR 50698) on August 17, 2022, with an effective date of October 17, 2022.

The FDA also has issued a final guidance documentto clarify the regulatory requirements for hearing aids and personal sound amplification products. Additional information may be found on the FDA’s website on hearing aids.

Call for Subject Matter Experts (SMEs) to Participate in the Development of the Texas Hearing Instrument Fitter and Dispenser Licensing Examination

December 28, 2021

The Texas Department of Licensing and Regulation (TDLR) is looking for SMEs to volunteerto serve on the Hearing Instrument Fitter and Dispenser Examination Review Committee (ERC).

The ERC creates, updates, evaluates, and references exam content.

Participation of knowledgeable SMEs will ensure the validity of the Texas Hearing Instrument Fitter and Dispenser Licensing Exam.

Participants must be willing to sign a confidentiality document agreeing not to disclose examination content, materials, or discussions. Participants must also be willing to travel to Austin for all meetings.

To view the minimum qualifications and to apply, download the Exam Development Committee Application (PDF). The deadline to submit the application is January 31, 2022.

Over-the-Counter Category Coming for Hearing Instruments

October 28, 2021

Hearing instruments or hearing aids are regulated at the federal level as medical devices by the U.S. Food and Drug Administration (FDA). Changes are being made at the federal level regarding hearing instruments that will affect two of TDLR’s programs, the Hearing Instrument Fitters and Dispensersprogram and the Speech-Language Pathologists and Audiologistsprogram. These two programs regulate the fitting and dispensing of hearing instruments by Texas licensees.

In August 2017, the U.S. Congress passed the FDA Reauthorization Act of 2017 (FDARA) | FDA,which in part defined “over-the-counter hearing aid,” required the FDA to establish a category of over-the-counter (OTC) hearing aids, and specified certain requirements that must be included in the FDA regulations. On October 20, 2021, the FDA published proposed regulations for public comment. These proposed regulations establish the OTC category and realign other regulations for hearing aids. The FDA will eventually publish final regulations, taking public comments into account.

You will find the proposed regulations published in the Federal Register, 86 FR 58150. Electronic or written comments on the proposed regulations must be submitted to the FDA by January 18, 2022. The Federal Register noticeincludes all the details about submitting public comments.

The FDA has issued a letterclarifying that the over-the-counter category of hearing aids does not exist until the effective date of published final regulations. Licensed Hearing Instrument Fitters and Dispensers and licensed Audiologists may wish to visit the FDA’s website on hearing aidsfor additional information.

Continuing Education Requirements

October 25, 2021

HB 1560, the Sunset legislation for the Texas Department of Licensing and Regulation, repealed Occupations Code §402.303 and amended Occupations Code §402.207(c) and §402.305 under the Hearing Instrument Fitters and Dispensers statute, and transferred authority regarding the continuing education requirements to TDLR’s enabling statute, Chapter 51 of the Texas Occupations Code.

Please note that Hearing Instrument Fitter and Dispenser license holders and apprentice permit holders are still required to obtain continuing education (CE) credits as specified in the program rules.

Call for Subject Matter Experts

February 26, 2020

TDLR is seeking subject matter experts (SMEs) to assist our Enforcement Division with complaint case reviews. SMEs review complaint cases, generally involving standard of care issues, during the investigation stage of the enforcement process.

We currently have a shortage of Behavior Analyst, Podiatrist, and Speech-Language Pathologist SMEs.

If you are interested in becoming a SME, please complete the Expert Witness Application. Once the application is submitted, you will receive a questionnaire to complete and return. Documents are screened and contracts are issued to approved SMEs.

All SMEs receive training on their role in reviewing complaint cases. Tasks may include the following:

  • Reviewing documents and statements collected by investigators.
  • Writing a report stating an opinion as to whether the respondent violated a rule or law in the provision of care to a client.
  • Answering specific questions from the prosecutor about the case.
  • Testifying as a witness for TDLR at hearings.

Our mission is to protect the citizens of Texas and the hard-working members of your profession. We cannot do that without your specialized knowledge of the complexities of your profession. Please consider becoming a SME today.

Notice to prospective licensees, current licensees renewing their licenses, and stakeholders

DECEMBER 4, 2020

Applicants can apply for new licenses and renew licenses online. TDLR strongly encourages you to take advantage of the opportunity to apply or renew online. The process is secure and easy to use – and faster than submitting paper-based applications and supporting documents, especially as TDLR deals with significant staffing issues related to COVID-19.

  • Applications submitted online can take 30 days to process once TDLR receives all required documents.
  • Applications submitted by mail may face significant delays, which may take up to 90 days once TDLR receives all required documents.

Access the online licensing system here. If you need to submit a document outside of the online application, please scan the document and send it to TDLR using our online customer service form.

If you need to submit a transcript, please ask your university to send electronic transcripts to TDLR at cs.transcript@tdlr.texas.govinstead of mailing in an original or certified copy of an original transcript. If your need to submit other documents, such as receipt of fingerprint submission, please scan the document and send it electronically to TDLR using our Customer Service form.

Thank you for helping us process your application or renewal more quickly.

86th Legislative Session Update

May 27, 2020

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

Governor Approves Regulatory Suspensions to Facilitate Services to Hearing Instrument Fitter and Dispenser Clients During the COVID-19 Pandemic

April 9, 2020

To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements, to the extent necessary, to allow licensees of the Hearing Instrument Fitters and Dispensers program to provide more services to clients through telehealth and to ease other licensing restrictions.

These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:

Supervision:

  • A supervisor of a temporary training permit holder is no longer required to be working in an established place of business (suspension of Texas Occupations Code §402.255(a)(2)).

Practice:

  • For those licensees approved to provide telehealth services:
    • A smart phone, or any audio-visual, real-time, or two-way interactive communication system, qualifies as telecommunications technology and may now be used to provide telehealth services, as well as telehealth services related to fitting and dispensing hearing instruments (suspension of 16 TAC §§112.150(b)(8)-(11), (d), (f), and (k)).
    • Hearing instrument fitters and dispensers are no longer required to conduct an initial professional contact in person at the same physical location as the client (suspension of 16 TAC §112.150(l)).
    • Services provided through telehealth must be performed at the same standard of care as in-person health care and within the licensee’s scope of practice and competence, and the equipment used must be appropriate for the situation and properly working as required under 16 TAC112.150(j) and (k).

Facilitators:

  • If a facilitator assists with the provision of telehealth services, no prior training is necessary if the provider determines that the facilitator has the competence needed to assist with the services given (suspension of 16 TAC §150(g) and (h)(1).

Licensees who need additional information on billing policies relating to the provision of telehealth services during the COVID-19 pandemic should contact Texas Health and Human Services Medicaid or managed care organizations (MCOs), as policies are changing rapidly. It is critical to check with your payor before initiating a new type of service or service delivery model, such as telehealth.

Before providing telehealth services, licensees should verify the applicability of other requirements and obligations, such as HIPAA and other medical and personal privacy requirements.

COVID-19: Continuing Education Waived

March 24, 2020

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpagefor the most up-to-date information.

Guidance Statement on TDI Rules Related to Senate Bill 1264

December 18, 2019

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpagefor additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint onlinewith TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Advisory Board Meetings

October 31, 2023

The next Hearing Instrument Fitters and Dispensers Advisory Board meeting is scheduled for Tuesday, October 31, 2023 at 9:00 a.m. The meeting will be held via videoconference and will be viewable on TDLR's YouTube channel. Sharing of pre-recorded audio or video is not allowed during the public comment period. When the agenda and staff reports are available, they will be posted online.

August 30, 2023

The Hearing Instrument Fitters and Dispensers Advisory Board met August 30, 2023 via videoconference. The meeting was archived and is available on TDLR's YouTube channel. The agenda and staff reports are available online.