Bill Text: NY S01681 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 1681 (Prior Session Legislation)

Introduced

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: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S01681 Detail]

Download: New_York-2015-S01681-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1681
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2015
                                      ___________
       Introduced by Sens. LITTLE, AVELLA, LATIMER, MARCHIONE -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Consumer Protection
       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    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 LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
   18  EDUCATION  LAW  WHO  IS  A  HEARING  AID DISPENSER AND IS EMPLOYED BY AN
   19  OTOLARYNGOLOGIST WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS,
   20  MAY DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE  OTOLARYNGOLOGIST
   21  WHO  HAS  CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE
   22  PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF  FIVE  HEARING
   23  AID  DISPENSERS  WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY
   24  IN WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN  STATE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06268-01-5
       S. 1681                             2
    1  MENT DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT
    2  FROM  THE  SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST
    3  FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY  IN  WHICH
    4  THE  OTOLARYNGOLOGIST'S  IS  LOCATED,  THEN  THE  OTOLARYNGOLOGIST  MUST
    5  PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF
    6  THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN
    7  WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
    8    S 2. This act shall take effect immediately.