Part 7. STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS
Chapter 141. FITTING AND DISPENSING OF HEARING INSTRUMENTS
The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments (committee), with the approval of the Executive Commissioner of the Health and Human Services Commission (commission) adopts an amendment to §141.16, concerning the licensing and regulation of fitters and dispensers of hearing instruments without changes to the proposed text as published in the June 29, 2007, issue of the Texas Register (32 TexReg 3954) and, therefore, the section will not be republished.
BACKGROUND AND PURPOSE
Amendments to §141.16(g) and (h) relate to audiometric testing standards for hearing instrument fitters and dispensers. The amendments are adopted to ensure that the rule correctly reflects the provisions of Texas Occupations Code, §402.353, related to the requirement that audiometric testing not conducted in a stationary acoustical enclosure be in compliance with standards as established by the American National Standards Institute (ANSI) "ears covered" octave band criteria for Permissible Ambient Noise Levels During Audiometric Testing.
SECTION-BY-SECTION SUMMARY
Amendments to §141.16(g) update the rule, reorganize existing language for clarity, and ensure that the rule references the most current national standards for audiometric testing as required by the statute.
The amendment to §141.16(h) removes an obsolete chart containing maximum permissible ambient noise levels as previously established by the American National Standards Institute.
COMMENTS
The committee, on behalf of the commission, received comments from three individuals during the public hearing that was held on September 11, 2007. The commenters were not in favor of the amendments, but the commenters suggested recommendations for change as discussed in the summary of comments.
Comment: Regarding §141.16(h)(2)(C), a commenter stated that by removing the chart that the committee brings an end to requirements for testing inside a stationary acoustical enclosure, which would be harmful to the public.
Response: The committee disagrees because establishing requirements for testing inside a stationary acoustical enclosure is not within the committee's statutory directive of Occupations Code, §402.353(a). No change was made as a result of the comment.
Comment: Regarding §141.16, a commenter stated that the proposed rule would conflict with §141.16(a)(4)(F), as well as federal regulations relating to performing hearing evaluations through calibrated systems.
Response: The committee disagrees that the proposed rule is in conflict with other rules in the chapter or with federal regulations. The statutory directive of Occupations Code, §402.353(a), is to establish requirements for testing conducted outside of a stationary acoustical enclosure. No change was made as a result of the comment.
Comment: Regarding §141.16, a commenter stated that the proposed rule would conflict with §141.16(f)(1) and (2), relating to audiometric testing devices required to meet current ANSI standards.
Response: The committee disagrees that the proposed rule is in conflict with §141.16(f)(1) and (2). The proposal does not affect or make a change in the section to which the commenter is referring and audiometric test rooms do not qualify as portable or stationary testing equipment. No change was made as a result of the comment.
Comment: A commenter stated that the proposed rule does not include provisions intended to enforce Occupations Code, §402.353(a), which relates to audiometric testing not conducted in a stationary acoustical enclosure, as required by Occupations Code, §402.353(c).
Response: The committee disagrees. The current proposal fulfills the statutory directive of Occupations Code, §402.353(a), to establish requirements for testing conducted outside of a stationary acoustical enclosure. The rule at §141.17(a)(1)(A) and (B) enforces the chapter and the Act (Occupations Code, Chapter 402). No change was made as a result of the comment.
Comment: A commenter stated that the proposed rule would create professional incompetence during the hearing evaluation for current and future license holders, resulting in consumer harm.
Response: The committee disagrees. The statutory directive of Occupations Code, §402.353(c), is limited to establishing requirements for testing conducted outside of a stationary acoustical enclosure. The statute and this Chapter 141 do not create professional incompetence. No change was made as a result of the comment.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rule, as adopted, has been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The adopted amendment is authorized by the Texas Occupations Code, §402.102, which authorizes the committee to adopt rules necessary for the performance of the committee's duties.
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 December 27, 2007.
TRD-200706638
Ronald Ensweiler
Chair
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Effective date: January 16, 2008
Proposal publication date: June 29, 2007
For further information, please call: (512) 458-7111 x6972