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.
TITLE OF BILL: An act to amend the general business law, in relation to permitting certain audiologists to dispense hearing aids for a profit
PURPOSE: To allow audiologists employed by a physician to dispense hearing aids for a profit to patients.
SUMMARY OF PROVISIONS:
Section 1 adds that a dispensing audiologist, employed by a physician who has conducted a medical evaluation of hearing loss, may dispense hearing aids for a profit.
Section 2 contains the effective date.
JUSTIFICATION: At this time, hearing impaired individuals must be evaluated and diagnosed by an otolaryngologist, better known as an Ear-Nose-and-Throat doctor (ENT), and may be referred to an audiologist to conduct further hearing tests and to obtain hearing aids. Audiologists are often employed by otolaryngologists and have received significant training in treating the hearing impaired patients and should be allowed to dispense and repair hearing aids for a profit. Currently, an independently practicing audiologist is allowed to dispense for a profit, this bill would extend this same treatment to audiologists who work in a physician's office. This will allow patients to see fewer doctors and specialists, saving them treatments costs and eopayments. Any physician's office who employs an audiologist and dispenses hearing aids would be required to disclose a list of 5 other licensed hearing aid dispensers within their respective county as well as disclose that there will be a profit made from the sale of the device, this will ensure consumers are aware of their choices.
LEGISLATIVE HISTORY: 2011-12: S. 5164-B Referred to Consumer Protection; A. 1739-B Higher Education
FISCAL IMPLICATIONS: None to the State
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3055 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sen. LITTLE -- 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: 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]EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO otolaryngologist or other licensed physician who has conducted a medical evaluation of hear- ing 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. 3. AN AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW WHO IS A HEARING AID DISPENSER AND IS EMPLOYED BY AN OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS, MAY DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN- SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OR PHYSICIAN'S OFFICE IS LOCATED, AND A WRITTENEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01171-01-3 S. 3055 2
STATEMENT DISCLOSING THAT THE PHYSICIAN'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OR PHYSICIAN'S OFFICE IS LOCATED, THEN THE OTOLARYNGOLOGIST'S OR PHYSICIAN MUST PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OR PHYSICIAN'S OFFICE IS LOCATED. S 2. This act shall take effect immediately.