The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Audiogram--A graph of an individual's hearing thresholds for each ear at the department's minimum six designated frequencies.
2. (2) Audiologist--A person who holds a valid license issued by the State Commission of Examiners for Speech-Language Pathology and Audiology to practice as an audiologist in the State of Texas.
3. (3) Audiometric evaluation--Results obtained from tests to provide the otologist with sufficient information to diagnose the type and degree of the hearing loss.
4. (4) Binaural--A hearing aid arrangement that utilizes two individual hearing aids, one fitted to each ear.
5. (5) Board--The Texas Board of Health.
6. (6) Calibration--The process of comparing an instrument or device with a standard to determine its accuracy and to make the necessary repairs or adjustments to assure that the operating characteristics are within the allowable limits established by a national standard or manufacturer's specifications.
7. (7) Child-care facility--A Texas Department of Human Resources licensed or registered facility that provides care, training, education, custody, treatment, or supervision for more than 12 children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
8. (8) Communication disorder--An abnormality of functioning related to the ability to express and receive ideas.
9. (9) Department--The Texas Department of Health.
10. (10) Earmold--A piece of plastic derived from an impression of the outer ear. It is attached to the hearing aid and inserted into the wearer's ear. It is used to channel the amplified sound directly from the receiver of the hearing aid into the ear canal.
11. (11) Educator--An individual engaged in the formal educational development of the impaired individual.
12. (12) Health and Safety Code, Chapter 36--The statute which these rules will implement.
13. (13) Health and Safety Code, Chapter 401--The statute which provides the Texas Department of Health with the authority to protect occupational and public health and safety through programs to regulate and permit development and utilization of sources of radiation for peaceful purposes, including infrasonic, sonic, and ultrasonic radiation. Chapter 401 is the basis for rules relating to the use and maintenance of audiometric equipment and registration of audiometric equipment, users of audiometric equipment, and calibration firms.
14. (14) Hearing aid--A small portable electronic device that amplifies sound and is worn by a person to compensate for a hearing loss. This instrument is designed for, or may be represented as, aiding, improving, or correcting defective human hearing.
15. (15) Hearing aid arrangement--A system of hearing enhancement fitted to an individual with auditory impairment. This arrangement can consist of the hearing aid(s) or other amplification device(s) selected to maximize the individual's hearing potential and accompanying accessories including, but not limited to, earmold(s).
16. (16) Hearing aid dispenser--A person who holds a valid license issued by the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids to fit and dispense hearing aids in the State of Texas.
17. (17) Hearing aid evaluation--The performance of unaided and aided sound-field tests of appropriate hearing aid(s) to determine which hearing aid arrangement best meets an individual's needs for personal amplification.
18. (18) Hearing aid fitting--The physical attaching of the hearing aid(s) to the earmold(s), adjusting the hearing aid(s) to control parameters in order to meet the needs of the hearing-impaired individual, placing the resulting hearing aid arrangement on the individual's ear(s) and counseling regarding the appropriate usage of, care of, and maintenance of the hearing aid arrangement.
19. (19) Hearing aid purchase--The purchase of hearing aid(s) through the Texas State Purchasing and General Services Commission for the use on a loan basis by a hearing-impaired individual who is eligible for services under this program.
20. (20) Hearing threshold screening test (threshold)--A test using a pure-tone audiometer to determine the lowest hearing threshold level at which a person responds to each of the following frequencies: 1,000 hertz, 2,000 hertz, 4,000 hertz, 6,000 hertz, 500 hertz, and 250 hertz.
21. (21) Impaired individual--A person having a significant special senses or communication disorder great enough to impede the acquisition of language, speech, and/or education training through the normal sensory mechanisms. Such disorders may include auditory impaired, aurally handicapped, deaf, defective hearing, or hearing loss, visually handicapped, blind, and/or speech or language impaired.
22. (22) Impression--An exact reproduction of the contours of the outer ear made by a process such as inserting a cotton block in the ear canal and packing those areas with a soft-impression, easily extractable material.
23. (23) Instructors of screeners--Screeners in one or more program area (vision, hearing, or speech/language) who can provide credentials indicating professional and experiential suitability for instruction in a program area and who have successfully completed any department-required training course.
24. (24) Licensed professional--An individual who holds a valid license, or when applicable a valid certificate, to practice one of the following professions in the State of Texas: audiologist, educator, hearing aid dispenser, medical doctor, nurse, ophthalmologist, optometrist, otologist, psychologist, or speech/language pathologist.
25. (25) Loan--The acquisition and temporary issuance of a new hearing aid, usually on a long-term basis, to a recipient of services through this program.
26. (26) Medicaid--Benefits under the United States Social Security Act, Title XIX, 42 United States Code §139ba.
27. (27) Monaural--A hearing aid arrangement that utilizes one hearing aid, which may be fitted to one ear or may be fitted to both ears with a Y-cord.
28. (28) Nurse--Any person practicing or offering to practice professional nursing in this state for compensation and being registered as a nurse by the Board of Nurse Examiners.
29. (29) Ophthalmological evaluation--A physical examination of an individual's eye performed by an ophthalmologist, as well as the medical interpretation of clinical assessment tests and other information required to diagnose the type and degree of vision loss.
30. (30) Ophthalmologist--A physician who is a specialist in diseases of the eye and visual mechanism and who is licensed to practice medicine in the State of Texas by the Texas State Board of Medical Examiners.
31. (31) Optometric evaluation--A physical examination of an individual's eye performed by an optometrist, as well as a nonmedical interpretation of clinical assessment tests and other information required to diagnose the type and degree of vision loss.
32. (32) Optometrist--A person who holds a valid license issued by the Texas Optometry Board to practice as an optometrist in the State of Texas.
33. (33) Otological evaluation--A physical examination of the individual's external ear, ear canal, and tympanic membrane performed by an otologist, as well as the medical interpretation of clinical assessment tests and other information required to diagnose the type and degree of hearing loss.
34. (34) Otologist (also referred to as ear, nose, and throat specialist, otolaryngologist, or otorhino-laryngologist)--A physician who is a specialist in diseases of the ear and hearing mechanism and who is licensed to practice medicine in the State of Texas by the Texas State Board of Medical Examiners.
35. (35) Person--Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and any legal successor, representative, agent, or agency of the foregoing.
36. (36) Preschool--An educational or child-care facility that admits children who are less than five years of age.
37. (37) Professional examination (also referred to as examination)--A diagnostic evaluation performed by an appropriately licensed professional or, if no license exists in this state, by a certified or sanctioned individual whose expertise addresses the diagnostic needs of the individual identified as having a possible special senses or communication disorder.
38. (38) Program--The Vision, Hearing, and Speech Services Program of the Texas Department of Health.
39. (39) Provider--An individual, partnership, association, corporation, state agency, or political subdivision of the state that provides remedial services to individuals who have special senses and/or communication disorders and includes a physician, audiologist, speech/language pathologist, optometrist, psychologist, hearing aid dispenser, hospital, clinic, rehabilitation center, university, or medical school.
40. (40) Psychologist--An individual who holds a valid license issued by the Texas State Board of Examiners of Psychologists to practice psychology in the State of Texas.
41. (41) Recipient--A person who is under 21 years of age and who is determined to be eligible for assistance according to the criteria established by the Texas Department of Health's Vision, Hearing, and Speech Services.
42. (42) Remedial services--Professional examinations and prescribed remediation, including hearing aids, for special senses and communication disorders.
43. (43) Reporting year--The period of consecutive time between June 1 of each year and May 31 of the following year.
44. (44) School--An educational institution that admits children who are five years of age or older but less than 21 years of age.
45. (45) Screeners--Health personnel, volunteers, school nurses or aides, or other preschool and school personnel having department certification in one or more areas of screening.
46. (46) Screening--A test or battery of tests for the determination of the need for a professional examination.
47. (47) Screening equipment--An instrument or device used to perform a measurement or measurements for the assessment of sensory abilities.
48. (48) SKI-HI (State Kids Hearing Impaired) Modeled Program--A program modeled after a federally funded demonstration project which has been implemented in the State of Texas in cooperation with day school programs for the deaf.
49. (49) Special senses--The faculties by which the conditions or properties of things are perceived and includes vision and hearing.
50. (50) Speech/language pathologist--A person who holds a valid license issued by the State Commission of Examiners for Speech-Language Pathology and Audiology to practice as a speech/language pathologist in the State of Texas.
51. (51) Sweep check hearing screening test (sweep check)--A quick test using a pure-tone audiometer to determine whether a person can hear the following frequencies at less than or equal to the 25 decibel setting: 1,000 hertz, 2,000 hertz, 4,000 hertz, and 500 hertz.
52. (52) Temporary loan--The acquisition and temporary issuance, usually on a short-term basis, of a used hearing aid arrangement or hearing aid to a recipient of the program.
53. (53) Testing equipment--An instrument or device used to perform a measurement or measurements to substantiate or verify the presence or absence of sensory impairment(s).
54. (54) Tests--Procedures to measure special senses and communication functions.
55. (55) Texas Civil Statutes, Article 4512j--The statute establishing the State Committee of Examiners for Speech-Language Pathology and Audiology and requiring the licensing of all persons providing speech-pathology or audiology services in Texas.
56. (56) Texas Civil Statutes, Article 4566-1.01-4566-1.20--The statutes establishing the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids and requiring the licensing of all persons fitting and dispensing hearing aids.
57. (57) Visual acuity--The sharpness of vision that is measured and recorded using an internationally recognized, two-figured indicator, such as 20%6120.

Source Note:The provisions of this §37.22 adopted to be effective March 14, 1984, 9 TexReg 1262; amended to be effective February 28, 1986, 11 TexReg 847; amended to be effective August 12, 1991, 16 TexReg 4163.