Sec. 402.004.  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 401 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 a hearing instrument fitter and dispenser under this chapter or as an audiologist or audiologist intern under Chapter 401.
(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 401.
Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 6, eff. June 18, 2023.