Bill Text: CA AB1950 | 2015-2016 | Regular Session | Amended
Bill Title: Hearing aids: audio switch.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1950 Detail]
Download: California-2015-AB1950-Amended.html
BILL NUMBER: AB 1950 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2016
INTRODUCED BY Assembly Member Maienschein
( Coauthors: Assembly Members
Harper and Mullin )
FEBRUARY 12, 2016
An act to amend Section 2538.49 of, and to add Section
2539.3 to, add Sections 2538.58 and 2539.3 to the
Business and Professions Code, relating to hearing aids.
LEGISLATIVE COUNSEL'S DIGEST
AB 1950, as amended, Maienschein. Hearing aids: audio switch.
Existing law, the Speech-Language Pathologists and Audiologists
and Hearing Aid Dispensers Licensure Act, regulates the licensure of
hearing aid dispensers and dispensing audiologists by the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board. The act makes it unlawful for a licensed hearing aid dispenser
to fit or sell a hearing aid unless he or she first, among other
duties, provides the purchaser with specified information. Existing
law requires a licensed dispensing audiologist to, upon the
consummation of a sale of a hearing aid, deliver to the purchaser a
written receipt, containing specified information. Existing law makes
the violation of these provisions a misdemeanor.
This bill would make it unlawful for a licensed hearing
aid dispenser to fit or sell a hearing aid unless first informing the
purchaser of an audio switch, which may be referred to as a
telecoil, t-coil, or t-switch, that increases access to a telephone
and provides noninvasive access to assistive listening systems that
are compliant with the Americans with Disabilities Act of 1990.
would, on and after July 1, 2017, require a licensed
hearing aid dispenser to, upon the sale of a hearing aid, provide the
purchaser with a copy of a consumer hearing aid disclosure that this
bill would require the board to develop and make available on its
Internet Web site before July 1, 2017. The bill would require a
licensed dispensing audiologist to do the same. By creating new
requirements, the violation of which would be a crime, this bill
would impose a state mandated state-
mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2538.58 is added to the
Business and Professions Code , to read:
2538.58. (a) On and after July 1, 2017, a licensed hearing aid
dispenser shall, upon the sale of a hearing aid, provide the
purchaser with a copy of the consumer hearing aid disclosure made
available by the board pursuant to this section.
(b) (1) Before July 1, 2017, the board shall develop and make
available on its Internet Web site a consumer hearing aid disclosure
that provides information for the benefit of hearing aid purchasers,
including, but not limited to, information on a telecoil, t-coil, or
t-switch. While developing the consumer hearing aid disclosure, the
board may solicit and receive public comments.
(2) The board shall update the consumer hearing aid disclosure as
often as it deems necessary.
SECTION 1. Section 2538.49 of the Business and
Professions Code is amended to read:
2538.49. It is unlawful for a licensed hearing aid dispenser to
fit or sell a hearing aid unless he or she first does all of the
following:
(a) Complies with all state laws and regulations relating to the
fitting or selling of hearing aids.
(b) Conducts a direct observation of the purchaser's ear canals.
(c) Informs the purchaser of the address and office hours at which
the licensee shall be available for fitting or postfitting
adjustments and servicing of the hearing aid or aids sold.
(d) Informs the purchaser of an audio switch, which may be
referred to as a telecoil, t-coil, or t-switch, that increases access
to a telephone and provides noninvasive access to assistive
listening systems that are compliant with the Americans with
Disabilities Act of 1990 (P.L. 101-336).
SEC. 2. Section 2539.3 is added to the Business and Professions
Code, to read:
2539.3. A On and after July 1, 2017, a
licensed dispensing audiologist shall, prior to
fitting or selling a hearing aid, inform the purchaser of an audio
switch, which may be referred to as a telecoil, t-coil, or t-switch,
that increases access to a telephone and provides noninvasive access
to assistive listening systems that are compliant with the Americans
with Disabilities Act of 1990 (P.L. 101-336). upon the
sale of a hearing aid, provide the purchaser with a copy
of the consumer hearing aid disclosure made available by the board
pursuant to Section 2538.58.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
