S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10106

                          I N  A S S E M B L Y

                              June 13, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buchwald) --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection

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; and providing for the  repeal  of  such  provisions
  upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 802 of the general business law, as added by  chap-
ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
2  as  added  by  chapter  301  of  the laws 2000, is amended to read as
follows:
  S 802. Special provisions; not-for-profit sales.  1.  [No]  EXCEPT  AS
PROVIDED  IN  SUBDIVISION  THREE OF THIS SECTION, NO otolaryngologist or
other licensed physician who has conducted a medical evaluation of hear-
ing loss shall engage in the business of dispensing hearing aids  for  a
profit.   No  otolaryngologist  or  other  licensed  physician  who  has
dispensed a hearing aid shall refuse  or  fail  to  perform  repairs  or
service on any hearing aid that they have dispensed.
  2.  Every  licensed physician who engages in the dispensing of hearing
aids in compliance with the provisions of this section shall be required
to comply with sections seven hundred ninety-one, seven hundred  ninety-
eight and eight hundred three of this article, in addition to compliance
with this section.
  3.  AN AUDIOLOGIST OR HEARING AID DISPENSER LICENSED UNDER ARTICLE ONE
HUNDRED FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN  OTOLARYNGOLOGIST
WHO  HAS  CONDUCTED  A  MEDICAL  EVALUATION OF HEARING LOSS MAY DISPENSE
HEARING AIDS FOR PROFIT  PROVIDED  THAT  THE  OTOLARYNGOLOGIST  WHO  HAS
CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
SERS  WITH  A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY WHICH THE
OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT  DISCLOSING
THAT  THE  OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15542-02-4

A. 10106                            2

OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE
HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLO-
GIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO THE PATIENT A
LIST  CONTAINING THE NAME AND OFFICE LOCATION OF THE HEARING AID DISPEN-
SERS  WITH  A  PLACE  OF  BUSINESS  WITHIN  THE  COUNTY  IN  WHICH   THE
OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
  S  2.  1.  On or before December 1, 2016, the secretary of state shall
submit to the governor, the  temporary  president  of  the  senate,  the
speaker  of  the  assembly,  the  minority leaders of the senate and the
assembly, the chairman and  ranking  minority  member  of  the  consumer
protection  committee  in  the  senate  and  assembly,  a written report
prepared by the division of consumer protection  of  the  department  of
state. Such report shall concern a study of the impact of the provisions
of this act on consumers. The data and supporting documentation underly-
ing  the report, to the extent allowed by law, shall be available to the
persons designated to receive a copy of the final report.
  2. In order to provide professional and technical advice to the  divi-
sion  of  consumer  protection  with  this study, the secretary of state
shall appoint an advisory panel consisting  of  representatives  of  the
profession,  consumer  groups,  and  other interested parties or persons
such secretary and chairperson of such  panel  shall  deem  appropriate.
Prior  to  the initiation of the study prescribed hereunder, such secre-
tary and chairperson of such panel shall submit to  the  persons  desig-
nated  to  receive  a copy of the report, a work plan that describes the
study and indicates the members of the advisory panel.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 1, 2016.