Notice to TAA Members regarding changes to hearing aid purchase agreements and office signs.
Beginning October 1, 2016, our licenses will be administered by the Texas Department of Licensing and Regulation (TDLR). As a result of this change, there are several minor rule changes that have occurred. Two that will immediately affect us is the language required on a purchase agreement for hearing aids and the notification sign in our offices regarding complaints.
The following items must be contained on the hearing aid purchase agreement. None of this is new; however, please ensure that all of this is printed on each agreement. The one change is the name and address of the agency. See 16 Texas Administrative Code, Chapter 111, §111.220 (c) - Joint Rule Regarding the Sale of Hearing Instruments.
(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 copy of the written forms (relating to waiver forms);
(7) 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.”;
(8) 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”;
(9) the printed name, license type, signature and license number of the licensed audiologist or licensed intern in audiology who dispensed the hearing instrument;
(10) the supervisor's name, license type, and license number, if applicable;
(11) a recommendation for a follow-up appointment within 30 days after the hearing instrument fitting;
(12) the expiration date of the 30 consecutive day trial period under subsection (b) of this section (*see below); and
(13) the dollar amount charged for the hearing instrument and the dollar amount charged for the return or restocking fee, if applicable.
Also, we are required to have a sign posted in our office advising patients of who to contact if they wish to file a complaint. This is not a new requirement; however, the name and address of the agency is new. See Texas Administrative Code, Chapter 111, §111.151
(a) A licensee shall notify each client of the name, mailing address, telephone number and website of the department for the purpose of directing complaints to the department.
A licensee shall display this notification:
(1) on a sign prominently displayed in the primary place of business of each licensee; and
(2) on a written document such as a written contract, a bill for service, or office information brochure provided by the licensee to a client or third party.
There is no specific wording required by the rule. The following was reviewed by TDLR personnel. They state that this meets the requirement and may be used.
Texas Department of Licensing and Regulation
Unless exempted by State law, a person who provides speech-language pathology and/or audiology services to clients must be licensed by the
Texas Department of Licensing and Regulation
(16 TAC CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS).
A consumer who wishes to file a complaint against an individual licensed by this agency may contact:
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, Texas 78711
(512) 463-6599
(800) 803-9202 Toll-Free (in Texas):
www.tdlr.texas.gov
*(b) Guidelines for a 30 consecutive day trial period.
(1) All clients shall be informed of a 30 consecutive day trial period by written contract for services. 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.
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