Bill Text: NY S04080 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2016-04-27 - PRINT NUMBER 4080A [S04080 Detail]

Download: New_York-2015-S04080-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4080
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2015
                                      ___________
       Introduced  by  Sen.  MURPHY -- 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  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 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 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00090-01-5
       S. 4080                             2
    1  OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT  DISCLOSING
    2  THAT  THE  OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE
    3  OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE
    4  HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLO-
    5  GIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO THE PATIENT A
    6  LIST  CONTAINING THE NAME AND OFFICE LOCATION OF THE HEARING AID DISPEN-
    7  SERS  WITH  A  PLACE  OF  BUSINESS  WITHIN  THE  COUNTY  IN  WHICH   THE
    8  OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
    9    S  2.  1.  On or before December 1, 2017, the secretary of state shall
   10  submit to the governor, the  temporary  president  of  the  senate,  the
   11  speaker  of  the  assembly,  the  minority leaders of the senate and the
   12  assembly, the chairman and  ranking  minority  member  of  the  consumer
   13  protection  committee  in  the  senate  and  assembly,  a written report
   14  prepared by the division of consumer protection  of  the  department  of
   15  state. Such report shall concern a study of the impact of the provisions
   16  of this act on consumers. The data and supporting documentation underly-
   17  ing  the report, to the extent allowed by law, shall be available to the
   18  persons designated to receive a copy of the final report.
   19    2. In order to provide professional and technical advice to the  divi-
   20  sion  of  consumer  protection  with  this study, the secretary of state
   21  shall appoint an advisory panel consisting  of  representatives  of  the
   22  profession,  consumer  groups,  and  other interested parties or persons
   23  such secretary and chairperson of such  panel  shall  deem  appropriate.
   24  Prior  to  the initiation of the study prescribed hereunder, such secre-
   25  tary and chairperson of such panel shall submit to  the  persons  desig-
   26  nated  to  receive  a copy of the report, a work plan that describes the
   27  study and indicates the members of the advisory panel.
   28    S 3. This act shall take effect immediately and shall  expire  and  be
   29  deemed repealed December 1, 2017.