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

                                   127

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee 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 of 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-

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

                                                           LBD00090-01-5

A. 127                              2

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
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, 2017, 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, 2017.