S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  195--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BUCHWALD, ABINANTI, SIMON, SKOUFIS, PALUMBO,
   FRIEND, GALEF,  GUNTHER,  ARROYO,  CRESPO,  QUART,  SEAWRIGHT,  DILAN,
   TITONE,  FINCH,  McDONOUGH,  LIFTON,  FAHY,  JAFFEE, PAULIN, PICHARDO,
   STECK, BLAKE, ENGLEBRIGHT, RA, CYMBROWITZ, LAWRENCE -- Multi-Sponsored
   by -- M. of A.  ABBATE, COOK, CROUCH, LUPARDO, MAGEE, PRETLOW,  SOLAG-
   ES, THIELE, WALKER -- read once and referred to the Committee on High-
   er  Education -- 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 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:
 
   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:
   § 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 LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
 EDUCATION  LAW  WHO  IS  A  HEARING  AID DISPENSER AND IS EMPLOYED BY AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01686-02-7

 A. 195--A                           2
 
 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 DISPENSERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE  SAME  COUNTY
 IN  WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN STATE-
 MENT 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  OTOLARYNGOLOGIST'S  IS  LOCATED,  THEN  THE  OTOLARYNGOLOGIST  MUST
 PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF
 THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN
 WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
   § 2. This act shall take effect immediately.