Rules & Regulations of the State of Tennessee Title 0760 - Hearing Instruments Specialists
📌 Overview of Tennessee Title 0760 – Hearing Instrument Specialists
Title 0760 of the Tennessee Rules & Regulations governs the licensing, practice, and professional standards of Hearing Instrument Specialists (HIS). These rules are issued under the authority of the Tennessee Board of Hearing Instrument Specialists pursuant to Tennessee Code Annotated (TCA) § 63-17-101 et seq., which regulates the practice of fitting, selling, and dispensing hearing aids.
The rules are legally binding regulations that:
Establish licensing requirements
Define professional conduct and standards of practice
Set requirements for continuing education
Provide procedures for complaints, disciplinary action, and appeals
Hearing Instrument Specialists in Tennessee must comply with these rules to practice legally.
🧱 Structure of Title 0760
Title 0760 is organized into chapters or rules covering licensing, examinations, practice, and enforcement. Key areas include:
Definitions and General Provisions
Licensing Requirements
Examination and Qualification
Scope of Practice
Professional Conduct and Ethics
Continuing Education Requirements
Complaint, Investigation, and Disciplinary Procedures
🔹 Key Components of Title 0760
1. Definitions
The rules define critical terms, such as:
Hearing Instrument Specialist (HIS): An individual licensed to fit, sell, or dispense hearing aids.
Hearing aid: Any instrument or device intended to amplify sound for individuals with hearing loss.
Board: Refers to the Tennessee Board of Hearing Instrument Specialists.
These definitions are legally binding and govern all provisions of the regulations.
2. Licensing Requirements
To obtain a license in Tennessee, a candidate must:
Be at least 18 years old
Hold a high school diploma or equivalent
Complete a Board-approved training program or apprenticeship
Pass the Board’s written and practical examinations
Submit the required application fees
Licenses must be renewed periodically, and the holder must maintain good standing with the Board.
3. Examination and Qualification
Candidates are required to pass:
Written examination: Covers audiology principles, hearing aid technology, state laws, and professional ethics.
Practical examination: Demonstrates competency in fitting, testing, and adjusting hearing instruments.
Failure to pass the exams results in denial of licensure.
4. Scope of Practice
Licensed Hearing Instrument Specialists may:
Evaluate hearing levels using basic audiometric testing
Fit and dispense hearing aids according to prescription and patient needs
Educate patients on the use and maintenance of hearing instruments
HIS are not authorized to diagnose medical conditions, prescribe medication, or perform invasive medical procedures. The rules clearly distinguish the HIS role from that of audiologists or physicians.
5. Professional Conduct and Ethics
The rules mandate ethical practice standards:
Avoiding fraud, misrepresentation, or deceptive advertising
Maintaining confidentiality of patient information
Reporting any unlicensed practice or violations to the Board
Ensuring safe and appropriate fitting of hearing instruments
Violation of these ethical rules can result in disciplinary action, including license suspension or revocation.
6. Continuing Education
To renew a license, HIS must complete Board-approved continuing education each renewal period, which:
Ensures ongoing competency
Covers technological updates, patient care, and ethical practices
Failure to meet CE requirements can prevent license renewal.
7. Complaints, Investigation, and Discipline
The rules provide procedures for:
Filing complaints against HIS
Board investigation of alleged violations
Hearings before the Board for disciplinary action
Penalties including warnings, fines, suspension, or revocation of license
Licensees have the right to contest disciplinary action and may appeal under Tennessee’s administrative procedures law.
⚖️ Legal Authority
The Board of Hearing Instrument Specialists is empowered by TCA § 63-17-104 to adopt rules, issue licenses, and enforce regulations.
Rules have the force of law, meaning violations can result in civil or administrative penalties.
Courts review Board actions to ensure compliance with statutory authority and due process requirements.
đź“š Relevant Case Law Principles
Although there are limited reported Tennessee appellate cases specifically about Title 0760, several legal principles are applicable:
1. Due Process in Licensing and Discipline
Licensees have a constitutional right to notice and a fair hearing before disciplinary action.
Courts review whether the Board followed its own rules and Tennessee administrative law (TCA Title 4, Chapter 5).
Example Principle: If the Board suspends a license without proper notice or an opportunity to respond, a court may reverse the decision.
2. Scope of Practice Enforcement
Courts uphold the Board’s authority to restrict unlicensed practice or practice beyond the authorized scope.
HIS may challenge disciplinary actions if the Board acts outside statutory authority, but courts typically defer to the Board when rules are clearly within legislative mandate.
3. Fraud and Misrepresentation
Misrepresentation in advertising or patient care can lead to license revocation.
Courts have affirmed disciplinary actions where the licensee knowingly provided false information about services or qualifications.
4. Administrative Deference
Tennessee courts often defer to the Board’s interpretation of its rules and regulations if the interpretation is reasonable and consistent with statutory authority.
🧠Summary
Tennessee Title 0760 – Hearing Instrument Specialists:
Establishes licensing and scope of practice for HIS.
Requires compliance with ethical, educational, and professional standards.
Provides a complaint, investigation, and disciplinary framework.
Ensures licensees have due process rights in disciplinary proceedings.
Holds the force of law, enforceable by the Board and, when necessary, reviewed by courts.
Takeaway: These rules protect public health, ensure competent practice, and give licensees clear guidance on their legal obligations and professional boundaries.
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