Occupations Code § 401.061

This section limits when licensing rules apply to over-the-counter hearing aids, allows certain licensed people to service and sell them, and bars unlicensed use of “licensed dispenser” or “licensed seller” titles unless specific licenses are held.

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

consumer access hearing aids professional licensing

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Provisions of Occupations Code § 401.061

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401.061
Occupations Code § 401.061
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This section limits when licensing rules apply to over-the-counter hearing aids, allows certain licensed people to service and sell them, and bars unlicensed use of “licensed dispenser” or “licensed seller” titles unless specific licenses are held.

Sec. 401.061. OVER-THE-COUNTER HEARING AIDS. (a) Except as provided by this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids, regardless of whether the transaction occurs in person, online, or through other means. (b) A person is not required to obtain a license under this chapter or Chapter 402 to engage in an activity described by Subsection (a). (c) A person may not use the title "licensed dispenser" or "licensed seller" with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as an audiologist or audiologist intern under this chapter or as a hearing instrument fitter and dispenser under Chapter 402. (d) The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids. (e) A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids. These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter or Chapter 402. Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 3, eff. June 18, 2023. SUBCHAPTER C. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD

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Occupations Code § 401.061

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