Bill Text: NY A00195 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes dispensing audiologists, employed by a otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit; requires certain disclosures.
Spectrum: Moderate Partisan Bill (Democrat 29-7)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A00195 Detail]
Download: New_York-2017-A00195-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 195--A 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. BUCHWALD, ABINANTI, SIMON, SKOUFIS, PALUMBO, FRIEND, GALEF, GUNTHER, ARROYO, CRESPO, QUART, SEAWRIGHT, DILAN, TITONE, FINCH, McDONOUGH, LIFTON, FAHY, JAFFEE, PAULIN, PICHARDO, STECK, BLAKE, ENGLEBRIGHT, RA, CYMBROWITZ, LAWRENCE -- Multi-Sponsored by -- M. of A. ABBATE, COOK, CROUCH, LUPARDO, MAGEE, PRETLOW, SOLAG- ES, THIELE, WALKER -- read once and referred to the Committee on High- er Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to permitting certain audiologists to dispense hearing aids for a profit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 802 of the general business law, as added by chap- 2 ter 599 of the laws of 1998, subdivision 1 as designated and subdivision 3 2 as added by chapter 301 of the laws of 2000, is amended to read as 4 follows: 5 § 802. Special provisions; not-for-profit sales. 1. [No] Except as 6 provided in subdivision three of this section, no otolaryngologist or 7 other licensed physician who has conducted a medical evaluation of hear- 8 ing loss shall engage in the business of dispensing hearing aids for a 9 profit. No otolaryngologist or other licensed physician who has 10 dispensed a hearing aid shall refuse or fail to perform repairs or 11 service on any hearing aid that they have dispensed. 12 2. Every licensed physician who engages in the dispensing of hearing 13 aids in compliance with the provisions of this section shall be required 14 to comply with sections seven hundred ninety-one, seven hundred ninety- 15 eight and eight hundred three of this article, in addition to compliance 16 with this section. 17 3. An audiologist licensed under article one hundred fifty-nine of the 18 education law who is a hearing aid dispenser and is employed by an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01686-02-7A. 195--A 2 1 otolaryngologist who has conducted a medical evaluation of hearing loss, 2 may dispense hearing aids for profit provided that the otolaryngologist 3 who has conducted a medical evaluation of hearing loss provides to the 4 patient a list containing the name and office location of five hearing 5 aid dispensers with a place of business located within the same county 6 in which the otolaryngologist's office is located, and a written state- 7 ment disclosing that the otolaryngologist's office will receive a profit 8 from the sale of any hearing aid device. In the event that there exist 9 fewer than five hearing aid dispensers within the same county in which 10 the otolaryngologist's is located, then the otolaryngologist must 11 provide to the patient a list containing the name and office location of 12 the hearing aid dispensers with a place of business within the county in 13 which the otolaryngologist's office is located. 14 § 2. This act shall take effect immediately.
