(a) Except as provided by Subsections (a-1) and (b) and § 402.451(a), this chapter applies only to a person who engages or offers to engage in fitting and dispensing hearing instruments.

(a-1) This chapter does not apply to:
(1) a person engaged in the practice of measuring human hearing as a part of the academic curriculum of an accredited institution of higher learning if the person or the person’s employees do not sell hearing instruments;
(2) a physician licensed by the Texas Medical Board;
(3) a person with a master’s degree or doctorate in audiology from an accredited college or university who does not sell hearing instruments, to the extent the person engages in the measurement of human hearing by the use of an audiometer or by any other means to make selections and adaptations of or recommendations for a hearing instrument and to make impressions for earmolds to be used as part of a hearing instrument;
(4) an audiologist or an audiology intern licensed under Chapter 401, except as may otherwise be provided by the following provisions, which refer to Chapter 401:
(A) § 402.051(a)(1);
(B) § 402.202(b);
(C) § 402.252; and
(D) § 402.255(a); and
(5) a student of audiology in an accredited college or university program, if the student’s activities and services are part of the student’s supervised course of study or practicum experience.
(b) A student described by Subsection (a-1)(5) is subject to Chapter 401.