Bill Text: NY A10106 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-13 - referred to consumer affairs and protection [A10106 Detail]
Download: New_York-2013-A10106-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10106 I N A S S E M B L Y June 13, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buchwald) -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to permitting certain audiologists and hearing aid dispensers to dispense hearing aids for a profit; and providing for the repeal of such provisions upon expiration thereof 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 2000, is amended to read as 4 follows: 5 S 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 OR HEARING AID DISPENSER LICENSED UNDER ARTICLE ONE 18 HUNDRED FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN OTOLARYNGOLOGIST 19 WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS MAY DISPENSE 20 HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST WHO HAS 21 CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A 22 LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN- 23 SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY WHICH THE 24 OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT DISCLOSING 25 THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15542-02-4 A. 10106 2 1 OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE 2 HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLO- 3 GIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO THE PATIENT A 4 LIST CONTAINING THE NAME AND OFFICE LOCATION OF THE HEARING AID DISPEN- 5 SERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN WHICH THE 6 OTOLARYNGOLOGIST'S OFFICE IS LOCATED. 7 S 2. 1. On or before December 1, 2016, the secretary of state shall 8 submit to the governor, the temporary president of the senate, the 9 speaker of the assembly, the minority leaders of the senate and the 10 assembly, the chairman and ranking minority member of the consumer 11 protection committee in the senate and assembly, a written report 12 prepared by the division of consumer protection of the department of 13 state. Such report shall concern a study of the impact of the provisions 14 of this act on consumers. The data and supporting documentation underly- 15 ing the report, to the extent allowed by law, shall be available to the 16 persons designated to receive a copy of the final report. 17 2. In order to provide professional and technical advice to the divi- 18 sion of consumer protection with this study, the secretary of state 19 shall appoint an advisory panel consisting of representatives of the 20 profession, consumer groups, and other interested parties or persons 21 such secretary and chairperson of such panel shall deem appropriate. 22 Prior to the initiation of the study prescribed hereunder, such secre- 23 tary and chairperson of such panel shall submit to the persons desig- 24 nated to receive a copy of the report, a work plan that describes the 25 study and indicates the members of the advisory panel. 26 S 3. This act shall take effect immediately and shall expire and be 27 deemed repealed December 1, 2016.