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 otolaryngologists to sell and/or dispense hearing aids for profit to patients.
SUMMARY OF PROVISIONS:
Section 1 removes the prohibition of otolaryngologists to engage in the business of dispensing hearing aids for profit and requires them to conduct repairs and maintenance on hearing aids they dispense.
Section 2 provides for an 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, and may be referred to an Audiologist to conduct further hearing tests and obtaining hearing aids. Audiologists have a limited scope of practice while otolaryngologists have received significant training in treating the hearing impaired patients and should be allowed to dispense and repair hearing aids. This will allow patients to see fewer doctors and specialists, saving them treatments costs and copayments.
LEGISLATIVE HISTORY: 2009-10 A. 10056-Referred to Higher Education
FISCAL IMPLICATIONS: None to the State
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 3055--A 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sens. LITTLE, AVELLA, LATIMER, MARCHIONE, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS, MAY DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARINGEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01171-02-3 S. 3055--A 2
AID DISPENSERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN STATE- MENT DISCLOSING THAT THE OTOLARYNGOLOGIST'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 IS LOCATED, THEN THE OTOLARYNGOLOGIST 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 OFFICE IS LOCATED. S 2. This act shall take effect immediately.