Bill Text: NY S03055 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S03055 Detail]

Download: New_York-2013-S03055-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3055
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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:
    1    Section 1. Section 802 of the general business law, as added by  chap-
    2  ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
    3  2  as  added  by  chapter 301 of the laws of 2000, is amended to read as
    4  follows:
    5    S 802. Special provisions; not-for-profit sales. 1.   [No]  EXCEPT  AS
    6  PROVIDED  IN  SUBDIVISION  THREE OF THIS SECTION, NO otolaryngologist or
    7  other licensed physician who has conducted a medical evaluation of hear-
    8  ing loss shall engage in the business of dispensing hearing aids  for  a
    9  profit.   No  otolaryngologist  or  other  licensed  physician  who  has
   10  dispensed a hearing aid shall refuse  or  fail  to  perform  repairs  or
   11  service on any hearing aid that they have dispensed.
   12    2.  Every  licensed physician who engages in the dispensing of hearing
   13  aids in compliance with the provisions of this section shall be required
   14  to comply with sections seven hundred ninety-one, seven hundred  ninety-
   15  eight and eight hundred three of this article, in addition to compliance
   16  with this section.
   17    3. AN AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
   18  EDUCATION  LAW  WHO  IS  A  HEARING  AID DISPENSER AND IS EMPLOYED BY AN
   19  OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS CONDUCTED A MEDICAL
   20  EVALUATION OF  HEARING  LOSS,  MAY  DISPENSE  HEARING  AIDS  FOR  PROFIT
   21  PROVIDED  THAT  THE OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS
   22  CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
   23  LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
   24  SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME  COUNTY  IN  WHICH
   25  THE  OTOLARYNGOLOGIST'S  OR PHYSICIAN'S OFFICE IS LOCATED, AND A WRITTEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01171-01-3
       S. 3055                             2
    1  STATEMENT DISCLOSING THAT THE PHYSICIAN'S OFFICE WILL RECEIVE  A  PROFIT
    2  FROM  THE  SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST
    3  FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY  IN  WHICH
    4  THE  OTOLARYNGOLOGIST'S  OR  PHYSICIAN'S  OFFICE  IS  LOCATED,  THEN THE
    5  OTOLARYNGOLOGIST'S OR PHYSICIAN MUST  PROVIDE  TO  THE  PATIENT  A  LIST
    6  CONTAINING  THE  NAME  AND OFFICE LOCATION OF THE HEARING AID DISPENSERS
    7  WITH  A  PLACE  OF   BUSINESS   WITHIN   THE   COUNTY   IN   WHICH   THE
    8  OTOLARYNGOLOGIST'S OR PHYSICIAN'S OFFICE IS LOCATED.
    9    S 2. This act shall take effect immediately.