(a) A person licensed to fit and dispense hearing instruments in another state may apply for a hearing instrument fitter and dispenser license under this chapter by meeting the requirements under this section.

(b) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.

(c) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.

(d) An applicant must submit the following required documentation:

(1) a completed application on a department-approved form;

(2) written verification that the applicant is licensed in good standing as a fitter and dispenser of hearing instruments in another state;

(3) written verification that: (A) the requirements to obtain a license to fit and dispense hearing instruments in the state in which the applicant is licensed include passing the International Licensing Examination for Hearing Instrument Dispenser (ILE) written test; or (B) the applicant holds a certification issued by the Board of Certification for Hearing Instrument Sciences (BC-HIS);

(4) a written statement from the licensing entity in the state in which the applicant is licensed that details any disciplinary action taken by the entity against the applicant;

(5) a statement of the applicant's criminal history acceptable to the department; and

(6) the initial application fee required under §112.110.

(e) An applicant for a hearing instrument fitter and dispenser license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety or its designee, in a manner prescribed by the Department of Public Safety, for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.

(f) The department may deny an application under this section based on the applicant's criminal history or an applicant's history of disciplinary action.

(g) The commission or department shall deny an application pursuant to Texas Occupations Code §108.052.

(h) Surety Bond or Other Acceptable Form of Financial Security.

(1) The applicant's employer, who is subject to §112.60, must provide the applicant with a surety bond or other acceptable form of financial security. The applicant must submit the surety bond or other financial security to the department with the license application.

(2) As an alternative to subsection (h)(1), the applicant's employer, who is subject to §112.60, may submit the surety bond or other acceptable form of financial security directly to the department on behalf of the employer and the applicant. The employer must include the prescribed form that identifies the applicant who is covered under the surety bond or other financial security.

(3) The surety bond or other acceptable form of financial security must be received on or before the date of issuance of the applicant's license.

(i) If the department approves an application, the applicant must take the practical test and the jurisprudence test. If the applicant meets the examination requirements, the department shall issue to the applicant a hearing instrument fitter and dispenser license under this chapter.

(j) The department may allow an applicant under this section who satisfies all application requirements other than the requirement under subsection (d)(3), to take all three tests that comprise the examination required under Texas Occupations Code §402.202. If the applicant meets the examination requirements, the department shall issue to the applicant a hearing instrument fitter and dispenser license under this chapter.

(k) The department may not issue a license under this section to an applicant who is a licensed audiologist in another state. The department shall inform the applicant of the licensing requirements of Chapter 401.

Source Note: The provisions of this §112.33 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096