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


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-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3055--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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:
    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 WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS,
   20  MAY  DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST
   21  WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES  TO  THE
   22  PATIENT  A  LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01171-02-3
       S. 3055--A                          2
    1  AID DISPENSERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE  SAME  COUNTY
    2  IN  WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN STATE-
    3  MENT DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT
    4  FROM  THE  SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST
    5  FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY  IN  WHICH
    6  THE  OTOLARYNGOLOGIST'S  IS  LOCATED,  THEN  THE  OTOLARYNGOLOGIST  MUST
    7  PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF
    8  THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN
    9  WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
   10    S 2. This act shall take effect immediately.
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