S3788-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Mar 3, 2011: REFERRED TO CONSUMER PROTECTION

S3788-2011 Memo

BILL NUMBER:S3788

TITLE OF BILL:
An act
to amend the general business law, in relation to special provisions of
the not-for-profit sales

PURPOSE OR GENERAL IDEA OF BILL:
This bill would repeal a portion of
section eight hundred two of the general business law to permit the
for-profit sale of hearing aids by physicians.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the general
business law by a portion of section eight hundred two of the general
business law to permit the for-profit sale of hearing aids by
physicians.

Section 1 of the bill repeals a portion of section eight hundred two
of the general business law to permit the for-profit sale of hearing
aids by physicians.

Section 2 of the bill provides that the bill shall take effect
immediately.

JUSTIFICATION:
Currently, physicians are prohibited
by section eight
hundred two of the general business law to sell hearing aids for a
profit. This prohibition, however, dates back to the mid-seventies, a
time in which even hearing aid dealers were prohibited by law from
selling hearing aids without a referral from a physician. Since that
time, the law has changed as has the practice of medicine and
otolaryngology. New York State is the only state that prohibits the
sale of hearing aids by physicians for-profit, which effectively
eliminates the sale of any hearing aids by physicians. By enabling
consumers to purchase hearing aids from physicians, access to such
devices and care coordination would be enhanced.

Moreover, it is an unfair restraint of trade to prohibit a profession
to operate at a profit. The practice of fitting and dispensing of
hearing aids has long been a recognized part of the scope of practice
of otolaryngology. The American Academy of Otolaryngology position
statement reads: "The American Academy of Otolaryngology-Head and
Neck Surgery, Inc. states: dispensing of hearing aids, hearing
assisted devices and other hearing rehabilitation devices is within
the scope of practice for otolaryngologists- head and neck surgeons.
"Physician practices are small business, and cannot effectively run
their businesses by offering services without earning a profit.

Lifting the prohibition on earning a profit would be in the best
interest of patients as it would improve access to hearing aids and
the quality
of care delivered by enabling all appropriately trained and
qualified healthcare providers to offer hearing aid services to
patients.


Patients are also likely to enjoy more competitive pricing among all
hearing aid dispensers through the application of market forces for
an item which is often not covered by insurance.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5257 - Referred to Consumer Protection

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3788-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3788
 2011-2012 Regular Sessions
 I N  SENATE
 March 3, 2011
 
 Introduced  by  Sen. HASSELL-THOMPSON -- 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 special
 provisions of the not-for-profit sales
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 802 of the general business law, as added by chap
 ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
 2 as added by chapter 301 of the laws of 2000, is  amended  to  read  as
 follows:

 

S  802.  Special provisions[; not-for-profit sales]. 1.  [No otolaryn-
 gologist or other licensed physician who has conducted a medical  evalu-
 ation of hearing loss shall engage in the business of dispensing hearing
 aids  for a profit.] No otolaryngologist or other licensed physician who
 has dispensed a hearing aid shall refuse or fail to perform  repairs  or
 service on any hearing aid that they have dispensed.
 2.  Every  licensed physician who engages in the dispensing of hearing
 aids in compliance with the provisions of this section shall be required
 to comply with sections seven hundred ninety-one, seven hundred  ninety
 eight and eight hundred three of this article, in addition to compliance
 with this section.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09277-01-1

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