16 Tex. Admin. Code § 111.220 - Requirements Regarding the Sale of Hearing Instruments
(a) This subchapter constitutes the rules
required by Texas Occupations Code §
401.2021 and §
402.1021 to be
adopted by the commission with the assistance of the Speech-Language
Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters
and Dispensers Advisory Board. The requirements of this subchapter shall be
repealed or amended only through consultation with, and mutual action by, both
advisory boards.
(b) Guidelines for
a 30 consecutive day trial period for a hearing instrument.
(1) All clients shall be informed of a 30
consecutive day trial period by written contract for services related to a
hearing instrument. All charges associated with such trial period shall be
included in this written contract for services, which shall include the name,
address, and telephone number of the department.
(2) Any client purchasing one or more hearing
instruments shall be entitled to a refund of the purchase price advanced by the
client for the hearing instrument(s), less the agreed-upon amount associated
with the trial period, upon return of the instrument(s), in good condition, to
the licensed audiologist or licensed intern in audiology within the trial
period ending 30 consecutive days from the date of delivery. Should the order
be canceled by the client prior to the delivery of the hearing instrument(s),
the licensed audiologist or licensed intern in audiology may retain the
agreed-upon charges and fees as specified in the written contract for services.
The client shall receive the refund due no later than the 30th day after the
date on which the client cancels the order or returns the hearing
instrument(s), in good condition, to the licensed audiologist or licensed
intern in audiology.
(3) Should the
hearing instrument(s) have to be returned to the manufacturer for repair or
remake during the trial period, the 30 consecutive day trial period begins
anew. The trial period begins on the day the client reclaims the
repaired/remade hearing instrument(s). The expiration date of the new 30
consecutive day trial period shall be made available to the client in writing,
through an amendment to the original written contract. The amendment shall be
signed by both the licensed audiologist or licensed intern in audiology and the
client.
(4) On delivery of a new
replacement hearing instrument(s) during the trial period, the serial number of
the new instrument(s), the delivery date of the hearing instrument(s), and the
date of the expiration of the 30 consecutive day trial period must be stated in
writing.
(5) If the date of the
expiration of the 30 consecutive day trial period falls on a holiday, weekend,
or a day the business is not open, the expiration date shall be the first day
the business reopens.
(c)
Upon the sale of any hearing instrument(s) or change of model or serial number
of the hearing instrument(s), the owner shall ensure that each client receives
a written contract that contains:
(1) the date
of sale;
(2) the make, model, and
serial number of the hearing instrument(s);
(3) the name, address, and telephone number
of the principal place of business of the license holder who dispensed the
hearing instrument;
(4) a statement
that the hearing instrument is new, used, or reconditioned;
(5) the length of time and other terms of the
guarantee and by whom the hearing instrument is guaranteed;
(6) a statement on or attached to the written
contract for services, in no smaller than 10-point bold type, as follows: "The
client has been advised that any examination or representation made by a
licensed audiologist or licensed intern in audiology in connection with the
fitting and selling of the hearing instrument(s) is not an examination,
diagnosis or prescription by a person duly licensed and qualified as a
physician or surgeon authorized to practice medicine in the State of Texas and,
therefore, must not be regarded as medical opinion or advice.";
(7) a statement on the face of the written
contract for services, in no smaller than 10-point bold type, as follows: "If
you have a complaint against a licensed audiologist or intern in audiology, you
may contact the Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free (in Texas): (800)
803-9202";
(8) the printed name,
license type, signature and license number of the licensed audiologist or
licensed intern in audiology who dispensed the hearing instrument;
(9) the supervisor's name, license type, and
license number, if applicable;
(10)
a recommendation for a follow-up appointment within thirty (30) days after the
hearing instrument fitting;
(11)
the expiration date of the 30 consecutive day trial period under subsection
(b); and
(12) the dollar amount
charged for the hearing instrument and the dollar amount charged for the return
or restocking fee, if applicable.
(d) Record keeping. The owner of the
dispensing practice shall ensure that records are maintained on every client
who receives services in connection with the fitting and dispensing of hearing
instruments. Such records shall be preserved for at least five years after the
date of the last visit. All of the business's records and contracts are solely
the property of the person who owns the business. Client access to records is
governed by the Health Insurance Portability and Accountability Act (HIPAA).
The records must be available for the department's inspection and shall
include, but are not limited to, the following:
(1) pertinent case history;
(2) source of referral and appropriate
documents;
(3) medical evaluation
or waiver of evaluation if provided;
(4) copies of written contracts for services
and receipts executed in connection with the fitting and dispensing of each
hearing instrument provided;
(5) a
complete record of hearing tests, and services provided; and
(6) all correspondence specifically related
to services provided to the client or the hearing instrument(s) fitted and
dispensed to the client.
(e) The written contract and trial period
information provided to a client in accordance with this section, orally and in
writing, shall be in plain language designed to be easily understood by the
average consumer.
Notes
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