Tex. Occ. Code § 401.061 · Subchapter B. APPLICATION OF CHAPTER
OVER-THE-COUNTER HEARING AIDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 402 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 an audiologist or audiologist intern under this chapter or as a hearing instrument fitter and dispenser under Chapter 402.
(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 402.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 3, eff. June 18, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.401.htm
- Text hash
- sha256 c8c5fe5dfd93ab3ed20c9c6d966d9f9f20b5c6308fd00ac0bc8137b0c0929302
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.