Frequently Asked Questions
Supervision
1. How many temporary training permit holders can a Supervisor supervise at one time?
A supervisor may not supervise more than two temporary training permit holders at one time.
2. What are the supervision requirements for licensure?
A supervisor may delegate training activities of a temporary training permit holder to another license holder. The supervisor shall be responsible for the day-to-day supervision of a temporary training permit holder. The supervisor shall also be ultimately responsible for services provided to a client by the temporary training permit holder. A supervisor shall not delegate the responsibility of supervision.
3. Am I required to notify TDLR regarding termination of supervision?
The supervisor must submit a written notification of termination of supervision to TDLR and the temporary training permit holder within ten (10) days of cessation of supervision on a TDLR-approved form or in a manner prescribed by TDLR.
4. Am I eligible to become a supervisor?
A supervisor is an individual who holds a valid license to fit and dispense hearing instruments under Texas Occupations Code, Chapter 401 or 402, other than an individual licensed under §401.311 or §401.312. Additionally, a supervisor of a temporary training permit holder must currently practice in an established place of business and must be responsible for the direct supervision and education of a temporary training permit holder.
A supervisor, as appropriate, shall directly and indirectly supervise a temporary training permit holder. A supervisor shall provide direct supervision by being located on the premises and available to the temporary training permit holder for prompt consultation. A supervisor shall provide indirect supervision by reviewing daily a temporary training permit holder's patient contact and daily work.
5. What are the supervision requirements for an Apprentice?
An apprentice permit holder shall work under the direct or indirect supervision of a license holder for at least one year. The supervisor shall periodically conduct a formal evaluation of the applicant's progress in the development of professional skills. A supervisor of an apprentice permit holder is responsible for services to the client that may be performed by the apprentice permit holder. The supervisor must ensure that all services provided are in compliance with the Act and this chapter. The apprenticeship must be done under the direct or indirect supervision of an individual authorized to supervise permit holders who holds a valid license to fit and dispense hearing instruments in the State of Texas under Texas Occupations Code, Chapter 401 or 402, other than a person licensed under §401.311 or §401.312.
Federal Regulations
1. Are there federal regulations I need to comply with?
A license or permit holder must comply with Title 21 Code of Federal Regulations §801.420- Hearing aid devices; professional and patient labeling and §801.421- Hearing aid devices; conditions for sale. For the Hearing Instrument Fitters and Dispensers program, these regulations apply to the licensed hearing instrument fitter and dispenser, the apprentice permit holder, and the temporary training permit holder.
View these federal regulations:
Change of Name or Address
1. If I change my name or address, do I notify TDLR?
Yes, you need to notify TDLR in writing. Please download, complete, and submit the Notice of Change and Duplicate License Request Form (PDF).
Surety Bonds and Other Forms of Financial Security
1. What form of financial security needs to be provided with an application for a hearing instrument fitter and dispenser license?
A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments must file with TDLR one of the following acceptable forms of financial security in the amount of $10,000:
- a surety bond;
- a deposit of cash;
- a certificate of deposit (CD); or
- an original letter of credit.
An insurance policy is not an acceptable form of financial security to file with TDLR for this license under the current statute and rules.
The detailed requirements regarding the surety bond and the other acceptable forms of financial security are found in the statute at Occupations Code §402.404, Surety Bonding and in the rules at 16 TAC §112.60, Filing Surety Bond or Other Form of Financial Security.
The surety bond must be completed using TDLR’s Surety Bond Form or it must contain the required obligations and conditions included in TDLR’s Surety Bond Form.
The applicant’s employer (the entity engaged in the fitting and dispensing of hearing instruments) may submit a surety bond or other acceptable form of financial security to TDLR directly or may provide the applicant with a surety bond or other acceptable form of financial security to be submitted with the license application.
2. What does the surety bond and the other forms of financial security cover?
The surety bond and the other acceptable forms of financial security are conditioned on the promise to pay all:
(1) taxes and contributions owed to the state and political subdivisions of the state by the entity; and
(2) judgments that the entity may be required to pay for:
(a) negligently or improperly dispensing hearing instruments; or
(b) breaching a contract relating to the dispensing of hearing instruments.
3. How long does the surety bond and the other forms of financial security last?
The surety bond and the other acceptable forms of financial security remain in effect until canceled by action of the surety, the principal, or TDLR. Notice of cancellation must be provided to TDLR no later than thirty days prior to cancellation.
4. What type of claims may be made on the surety bond or other forms of financial security?
The purchaser of a hearing instrument may rescind the purchase and recover funds for certain actions of the license holder or the entity engaged in the fitting and dispensing of hearing instruments as specified in Occupations Code §402.405, Recovery on Surety Bond.