S.B. No. 904         AN ACT   relating to the licensing and regulation of hearing instrument   fitters and dispensers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 401.2021, Occupations Code, is amended   to read as follows:          Sec. 401.2021.  RULES FOR HEARING INSTRUMENTS. With the   assistance of the advisory board [and the Hearing Instrument   Fitters and Dispensers Advisory Board], the commission shall adopt   rules to establish requirements for each sale of a hearing   instrument for purposes of this chapter [and Chapter 402]. The   rules must:                (1)  address:                      (A)  the information and other provisions   required in each written contract for the purchase of a hearing   instrument;                      (B)  records that must be retained under this   chapter [or Chapter 402]; and                      (C)  guidelines for the 30-day trial period during   which a person may cancel the purchase of a hearing instrument; and                (2)  require that the written contract and 30-day trial   period information provided to a purchaser of a hearing instrument   be in plain language designed to be easily understood by the average   consumer.          SECTION 2.  Section 402.1021, Occupations Code, is amended   to read as follows:          Sec. 402.1021.  RULES FOR HEARING INSTRUMENTS. With the   assistance of the advisory board [and the Speech-Language   Pathologists and Audiologists Advisory Board], the commission   shall adopt rules to establish requirements for each sale of a   hearing instrument for purposes of this chapter [and Chapter 401].   The rules must:                (1)  address:                      (A)  the information and other provisions   required in each written contract for the purchase of a hearing   instrument;                      (B)  records that must be retained under this   chapter [or Chapter 401]; and                      (C)  guidelines for the 30-day trial period during   which a person may cancel the purchase of a hearing instrument; and                (2)  require that the written contract and 30-day trial   period information provided to a purchaser of a hearing instrument   be in plain language designed to be easily understood by the average   consumer.          SECTION 3.  Section 402.305, Occupations Code, is amended to   read as follows:          Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS.  The   department may renew the license of a license holder who does not   comply with the applicable continuing education requirements if the   license holder[:                [(1)  was licensed for the first time during the 24   months before the reporting date; or                [(2)]  submits proof from an attending physician that   the license holder suffered a serious or disabling illness or   physical disability that prevented compliance with the continuing   education requirements during the 24 months before the reporting   date.          SECTION 4.  Section 402.402(a), Occupations Code, is amended   to read as follows:          (a)  A licensed hearing instrument fitter and dispenser may   not sell a hearing instrument to a person under 18 years of age   unless the prospective user or a parent or guardian of the   prospective user has presented to the hearing instrument fitter and   dispenser a written statement, signed by a licensed physician   [specializing in diseases of the ear], that states that the   patient's hearing loss has been medically evaluated and that the   patient may be considered a candidate for a hearing instrument.     Whenever practicable, the medical evaluation should be performed by   a licensed physician who specializes in diseases of the ear.          SECTION 5.  Section 402.402(a), Occupations Code, as amended   by this Act, applies only to conduct that occurs on or after the   effective date of this Act.  Conduct that occurs before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 904 passed the Senate on   May 1, 2025, by the following vote: Yeas 28, Nays 3; and that the   Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 28, Nays 3.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 904 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 124,   Nays 17, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor