Registration of Hearing Aid Dispensers

1 Registration of Hearing Aid Dispensers (June 2016). New York State DEPARTMENT OF STATE. Division of Licensing Services Andrew M. Cuomo Rossana Rosado Governor Secretary of State Registration of Hearing Aid Dispensers Article 37-A, General Business Law Section 788 Legislative intent 789 Definitions 790 Certificate of Registration required; qualifications and application 791 Hearing aid dispensing advisory board 792 Hearing aid Dispensers account 793 Registry 794 Continuing education requirements 795 Renewal of certificate of Registration or temporary certificate of Registration 796 Training program; requirements; examination and re-examination 797 Fees 798 Business practice; requirements 799 Administration.

2 Suspension and revocation of registrations; fines; reprimands 800 Denial of Registration ; complaints; notice of Hearing 801 Judicial review 802 Special provisions; not-for-profit sales 803 Powers of the secretary 804 Disposition of moneys 805 Separability Special Provisions Education Law Section 8208 Special provisions Hearing Aid Dispensers Rules and Regulations Title 19 NYCRR, Part 192. Section Definitions Application Form of Business Registrant Certificate of Registration Education Training Program Examinations Continuing Education Employment of Dispensers [Reserved]. Decontamination and Infection Control Environmental Standards for Testing Non-diagnostic Testing Procedures 45-day Guarantee Repair and Service Records to be Maintained Advertising Canvassing Consumers Page 2 / Registration of Hearing Aid Dispensers NYS Department of State Division of Licensing Services cuitry of any Hearing aids or amplification devices needed and shall not be Registration of for the purposes of, make any reference to, or include any medical diagno- Hearing Aid Dispensers sis whatsoever.

3 No Hearing aid dispenser shall verbally or in writing make a statement or reference to a prospective Hearing aid user regarding any 788. Legislative intent medical condition or diagnosis except such communications required pur- suant to 798(8)(c) of this article. Nothing in this subdivision shall restrict The legislature recognizes and acknowledges the value of Hearing aids to or limit any person licensed under article 159 of the Education Law from many individuals with Hearing loss and recognizes the valuable service performing any activity authorized thereunder; provided, however, that provided by Hearing aid Dispensers and dispensing audiologists to such every such person shall be registered as a Hearing aid dispenser pursuant to individuals by providing access to appropriate amplification devices and the requirements of this article in order to dispense Hearing aids.

4 Other valuable services related to their use. Due to the large number of 7. Hearing aid means any wearable instrument or device designed for individuals with Hearing loss who do not use Hearing aids, the legislature or offered for the purpose of aiding or compensating for impaired human furthermore recognizes the positive benefits of the increased use of hear- Hearing and any parts, attachments or accessories but excluding batteries ing aids. It is the intent of the legislature and this article to protect the and cords or accessories thereto. Hearing -impaired public by ensuring competent, honest and accountable Dispensers of Hearing aids who will protect the health, safety and welfare 8.

5 Hearing aid dispenser means any person 21 years of age or older of the people of this state. or an audiologist licensed under article 159 of the Education Law who is engaged in the dispensing of Hearing aids who is registered and dispensing The legislature finds and declares that existing laws regulating the Hearing aids in accordance with this article. dispensing of Hearing aids have been ineffective in providing adequate protection. To ensure against consumer abuses and thereby protect the 9. Otolaryngologist means a physician licensed under article 131 of public, the legislature determines that more rigorous education, training the Education Law, who practices that branch of medicine which treats and business practice standards should be applied to those persons regis- diseases of the ear, nose and throat.

6 Tered to dispense Hearing aids pursuant to this article. It is the intention of 10. Secretary means the Secretary of State. the legislature to apply standards to more fully protect the general public, 11. Sell or sale means any transfer of title or of the right of use by and to ensure continued consumer access to safe, reliable and appropriate sale, conditional sales contract, lease bailments, including rentals of hear- Hearing aid dispensing services. ing aids hire-purchase, or any other means; excluding wholesale transac- tions of dealers and distributors. 789. Definitions 12. Trainee means a person 21 years of age or older, who upon re- As used in this article: ceiving a temporary certificate of Registration , is studying Hearing aid dis- 1.

7 Account shall mean the Hearing aid dispensing account. pensing full- time for the purpose of qualifying to sit for the Registration examination. 2. Audiologist means an individual who is licensed under article 159. of the Education Law to evaluate Hearing , and Hearing and communication disorders and to engage in those practices defined in 8203 of the Educa- 790. Certificate of Registration required;. tion Law. qualifications and application 3. Board shall mean the Hearing aid dispensing advisory board. 1. Any person desiring to be engaged in the dispensing of Hearing aids 4. Business means any individual, partnership, trust, association, in this state shall be registered biennially pursuant to this article.

8 Such organization or corporation. person shall file with the secretary an application to be registered as a 5. Department means the Department of State. Hearing aid dispenser. The secretary shall examine each application and issue a certificate of Registration if either of the following criteria are satis- 6. Dispensing of Hearing aids, means the act of fitting, selecting, fied: selling, renting, adapting or servicing of Hearing aids or any other instru- ment to compensate for impaired Hearing ; provided that such term shall (a) (i) the applicant is 21 years of age or older;. include testing of Hearing , solely for the purpose of fitting, selecting, sell- (ii) is of good moral character.

9 Ing, distribution, renting, adapting or servicing Hearing aids or any instru- (iii) has received a high school diploma or its equivalent;. ment to compensate for impaired Hearing , the making of impressions, (iv) has two years college accredited coursework or its equiva- castings and shells and appropriate counseling and instructions pertaining lent;. to the selection, adaptation and sale or rental of Hearing aids and further provided that such term shall include any tasks, procedures, acts, or prac- (v) has fully completed the required training program;. tices that are necessary (a) for the non-diagnostic testing of Hearing solely (vi) has achieved a passing score on the required examination.

10 For the purpose of fitting a Hearing aid; (b) for training in the use of ampli- (vii) has not had a Registration , license or other authorization to fication including Hearing aids; (c) for the making of ear molds for Hearing dispense Hearing aids suspended or revoked;. aids; (d) for the fitting, dispensing, and sale of Hearing aids; or (e) for oto- (viii) has paid the appropriate fees according to the provisions of scopic observation of solely the ear canal for the purposes of fitting, dis- 797 of this article; and pensing or sale of Hearing aids; provided, however, that nothing contained in this subdivision shall be deemed to permit the performance of or refer- (ix) on or after January 1, 2003, the applicant shall demonstrate ence to an otoscopic evaluation for medical diagnosis.