Bill Text: NY S04080 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2016-04-27 - PRINT NUMBER 4080A [S04080 Detail]
Download: New_York-2015-S04080-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4080--A 2015-2016 Regular Sessions IN SENATE February 26, 2015 ___________ Introduced by Sens. MURPHY, BOYLE, ESPAILLAT, KENNEDY, KRUEGER, LATIMER, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to permitting certain audiologists and hearing aid dispensers 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 § 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 or hearing aid dispenser licensed under article one 18 hundred fifty-nine of the education law employed by an otolaryngologist 19 who has conducted a medical evaluation of hearing loss may dispense 20 hearing aids for profit provided that the otolaryngologist who has EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00090-05-6S. 4080--A 2 1 conducted a medical evaluation of hearing loss provides to the patient a 2 list containing the name and office location of five hearing aid dispen- 3 sers with a place of business located within the same county in which 4 the otolaryngologist's office is located and a written statement 5 disclosing that the otolaryngologist's office will receive a profit from 6 the sale of any hearing aid device. In the event that there exist fewer 7 than five hearing aid dispensers within the same county in which the 8 otolaryngologist is located, then the otolaryngologist must provide to 9 the patient a list containing the name and office location of the hear- 10 ing aid dispensers with a place of business within the county in which 11 the otolaryngologist's office is located. 12 § 2. This act shall take effect immediately.