S T A T E O F N E W Y O R K
________________________________________________________________________
8346--A
I N A S S E M B L Y
January 9, 2014
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Consumer Affairs and Protection -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the general business law, in relation to requiring hear-
ing aid dispensers to provide prospective purchasers of hearing aids
with information pertaining to audio switch technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (f) and (g) of subdivision 2 of section 791 of
2 the general business law, as added by chapter 599 of the laws of 1998,
3 are amended and a new paragraph (h) is added to read as follows:
4 (f) requirements pertaining to the non-diagnostic testing of hearing
5 and sale of hearing aids at office, residential and other out of office
6 settings and the development of environmental standards for testing at
7 office, residential and other out of office settings; requirements
8 pertaining to telemarketing; [and]
9 (g) procedures that the secretary could use to increase public aware-
10 ness of how to properly purchase, fit, adjust and use a hearing aid, as
11 well as the rights of hearing aid purchasers under state law. In addi-
12 tion to such duties and other duties which may be assigned by the secre-
13 tary, the board shall consult with the secretary, the commissioner of
14 education and such other persons as may be appropriate to determine the
15 proper level and degree of education for a hearing aid dispenser, the
16 type of degree and the proper educational institution to offer such
17 education and all other related issues[.]; AND
18 (H) REQUIREMENTS FOR HEARING AID DISPENSERS TO PROVIDE PROSPECTIVE
19 PURCHASERS OR USERS OF HEARING AIDS WITH INFORMATION IN WRITING, AT THE
20 TIME OF THE INITIAL EXAMINATION FOR THE FITTING AND SALE OF HEARING
21 AIDS, REGARDING TELECOIL, T-COIL, OR T-SWITCH TECHNOLOGY. SUCH INFORMA-
22 TION SHALL INCLUDE INFORMATION SUFFICIENT TO ENABLE PROSPECTIVE PURCHAS-
23 ERS OR USERS TO MAKE AN INFORMED DECISION ABOUT PURCHASING HEARING AIDS
24 WITH TELECOIL, T-COIL OR T-SWITCH TECHNOLOGY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13162-03-4
A. 8346--A 2
1 S 2. Paragraphs (a) and (b) of subdivision 9 of section 798 of the
2 general business law, as added by chapter 599 of the laws of 1998, are
3 amended and a new paragraph (c) is added to read as follows:
4 (a) complied with all provisions of state laws and regulations relat-
5 ing to the dispensing of hearing aids; [and]
6 (b) has informed the purchaser of the address and office hours at
7 which the registrant shall be available for fitting or post-fitting
8 adjustments and servicing of the hearing aid or aids sold[.]; AND
9 (C) IF THE HEARING AID HAS TELECOIL, T-COIL, OR T-SWITCH TECHNOLOGY,
10 HAS INFORMED THE PROSPECTIVE HEARING AID USER THAT SUCH HEARING AID HAS
11 SUCH TECHNOLOGY AND, IF REQUESTED BY THE PROSPECTIVE HEARING AID USER,
12 TRAINED THE PROSPECTIVE HEARING AID USER ON THE PROPER USE OF SUCH TECH-
13 NOLOGY.
14 S 3. Subdivision 11 of section 798 of the general business law is
15 amended by adding a new paragraph (i) to read as follows:
16 (I) LANGUAGE THAT VERIFIES THAT THE HEARING AID DISPENSER INFORMED THE
17 CLIENT PRIOR TO PURCHASE ABOUT TELECOIL, T-COIL, OR T-SWITCH TECHNOLOGY.
18 THE CLIENT MUST INITIAL THIS NOTICE CONFIRMING THE HEARING AID
19 DISPENSER'S COMPLIANCE WITH THIS REQUIREMENT.
20 S 4. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law; provided, however, that effective immediate-
22 ly, the addition, amendment and/or repeal of any rule or regulation
23 necessary for the implementation of this act on its effective date is
24 authorized and directed to be made and completed on or before such
25 effective date.